HOLMBERG v. BRENT

No. 92-300.

636 A.2d 333 (1993)

Holger A. HOLMBERG v. Douglas BRENT.

Supreme Court of Vermont.

November 19, 1993.


Attorney(s) appearing for the Case

Thomas W. Costello, Clare A. Buckley and Joel T. Faxon, Law Clerk, on the brief, Thomas W. Costello, P.C., Brattleboro, for plaintiff-appellant.

Stephen S. Ankuda, Parker & Ankuda, P.C., Springfield, for defendant-appellee.

Jeffrey L. Amestoy, Atty. Gen., and Geoffrey A. Yudien, Asst. Atty. Gen., Montpelier, for intervenor State.

Before ALLEN, C.J., and GIBSON, DOOLEY, MORSE and JOHNSON, JJ.


ALLEN, Chief Justice.

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...

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