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Strickland v. Galloway2/19/2002
ident that such a journey represents a substantial part of the volunteer fireman's service to the fire department and the community. Therefore it appears that the volunteer fireman's furnishing of his own transportation directly to and from the scene of the fire is incidental to his duties, and injuries sustained thereby arise out of and in the course of employment so as to be compensable under the South Carolina Workmen's Compensation Act....
The Attorney General's opinion concluded "injuries sustained by a volunteer fireman while on the way directly to... a fire are compensable under the South Carolina Workmen's Compensation Act.... "
Courts in other jurisdictions have held the going and coming rule does not apply in the context of a volunteer firefighter responding to a fire. The general reasoning followed by these courts is the volunteer firefighter is not "going to work" when responding to the call but is "at work" when responding to the emergency call. Because these volunteers must respond immediately and expeditiously, they are performing the fire department's business when they embark on their response to a fire.
We hold Galloway was conducting the fire department's business at the time of the accident. Thus, the exclusive remedy doctrine of section 42-1-540 bars Strickland from suing co-employee Galloway for his alleged negligence in the accident.
AFFIRMED.
HEARN, C.J, and HUFF, J., concur.
Page 1 2 South Carolina Personal Injury Attorneys
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