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LARSON v. MILL CREEK FIRE CO.

Civil Action No. 09C-04-026-JOH.

1 A.3d 361 (2010)

Eric LARSON, Plaintiff v. MILL CREEK FIRE COMPANY, Les Brown, and Aaron Olicker, Defendants.

Superior Court of Delaware, New Castle County.

Decided: June 4, 2010.

Attorney(s) appearing for the Case

Matthew M. Bartkowski, Esquire, of Kimmel Carter Roman & Peltz, Newark, Delaware, Attorney for the Plaintiff.

Jonathan L. Parshall, Esquire, of Murphy & Landon, Wilmington, Delaware, Attorney for the Defendants.

OPINION

HERLIHY, Judge

Both the County and Municipal Tort Claims Act and the Workers' Compensation Act contain specific provisions concerning volunteer firefighters. However, those two provisions lead to somewhat conflicting classifications. Under the County and Municipal Tort Claims Act, a volunteer firefighter is immune from suit but for a limited series of actions; therefore, he or she must be considered a county or municipal employee under that...

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