35-107. Volunteer department; emergency first aid; members; immunity from liability; when.

No member of a volunteer fire department or of a volunteer first-aid, rescue, or emergency squad which provides emergency public first-aid and rescue services shall be liable in any civil action to respond in damages as a result of his acts of commission or omission arising out of and in the course of his rendering in good faith any such services as such member but such immunity from liability shall not extend to the operation of any motor vehicle in connection with such services.

Nothing in this section shall be deemed to grant any such immunity to any person causing damage by his willful or wanton act of commission or omission.

Source:Laws 1963, c. 192, § 1, p. 638.

Annotations

To prevent a demurrer for lack of subject matter jurisdiction based on the immunity conferred by this section, the plaintiff must allege facts which show either that the general immunity does not apply or that the actions fall within the exceptions set forth in this section. Whether a public entity maintains private liability insurance at public expense is not a condition for immunity under this section. Drake v. Drake, 260 Neb. 530, 618 N.W.2d 650 (2000).