Sikora v. Keillor

In Sikora v. Keillor, 17 AD2d 6, 230 NYS2d 571 (2d Dept 1962), aff'd 13 NY2d 610, 191 NE2d 88, 240 NYS2d 601 (1963), the vicarious liability of the owner of a private vehicle operated by a volunteer firefighter in the performance of his duties was held to be measured by the same standard of care as the volunteer firefighter under Vehicle and Traffic Law 1104. In so holding, however, the Court recognized that while a volunteer firefighter is exempted from liability for ordinary negligence, the injured party can seek redress from the municipality pursuant to the transfer of liability provisions of General Municipal Law 205-b. The Court affirmed, without opinion, the Appellate Division's determination that no liability attaches to a vehicle owner where the negligent driver (a volunteer firefighter) was immune from suit under General Municipal Law 205-b. The Appellate Division reasoned that the owner's vicarious liability could derive only from a finding of liability against the driver. On policy grounds, a contrary result would have discouraged volunteers from responding to emergencies by reducing the number of people willing to lend vehicles to those volunteers. By interpreting section 388 as the Court did, the Court stood behind the strong policy interest in protecting those who aid emergency workers. That result, however, is not compelled in every instance in which the vehicle's operator benefits from some immunity.