Holmberg v. Brent

Plaintiff Holger Holmberg appeals the grant of summary judgment in favor of defendant Douglas Brent, holding that under 24 V.S.A. § 901(a) defendant cannot be sued for negligence in his individual capacity as fire chief of the Village of Bellows Falls. We reverse.

In March 1987, plaintiff was injured while employed as a firefighter by the Village of Bellows Falls Fire Department, when, in response to an emergency call, he slid down a fire pole and landed on the cement floor below. Sometime before the incident, defendant, as fire chief, had ordered the removal of a pad sur rounding the base of…