AGO Opinion 93101

December 10, 1993
Opinion 93101

Scope of Coverage of Neb. Rev. Stat. S 35-107 (1988).

Senator Floyd P. Vrtiska, District No. 1 Nebraska Legislature

Don Stenberg, Attorney General
Lisa D. Martin-Price, Assistant Attorney General

You have asked whether Neb. Rev. Star. ~ 35-107 (1988), applies to Emergency Medical Technicians (EMTs) so long as they are volunteers. Our reading of this statute indicates that it would indeed include Emergency Medical Technicians as set forth more fully below.

Neb. Rev. Stat. S 35-107 provides in pertinent part:

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 act~ of commission or omission arising out of and in the course of his rendering in good faith any such services ....

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

After reviewing this statute, it is clear that Emergency. Medical Technicians would be covered by the provisions of this statute, provided they are a member of a "volunteer first-aid, rescue, or emergency squad" providing "emergency public first-aid and rescue services," and provided they had not caused damages by "willful or wanton act of commission or omission."

While you have not mentioned it, in the event that it would have some bearing upon your question, we wanted to bring to your attention the provisions set forth in Neb. Rev. Star. S 71-5111 (1990), which deal with the immunity from liability of certified Emergency Medical Technicians.


Attorney General