Flye v. Spotts

LAMAR, Justice,

for the Court:

¶ 1. This interlocutory appeal presents the issue of whether a volunteer fire department incorporated under the Mississippi Non-Profit Corporation Act1 is a “political subdivision” under the Mississippi Tort Claims Act2 (MTCA) and thus immune from liability. The volunteer fire department3 argues immunity for itself and its employee, asserting it is a “body corporate ... responsible for governmental activities” under the MTCA’s definition of “political subdivision.”4 However, plaintiffs Milton and Brenda Spotts argue that the volunteer fire department is an…