Appeal from the Order of the Court of Common Pleas of Erie County, in case of Edward G. Weaver and Irene Weaver, his wife v. Union City Volunteer Fire Company, No. 4829-A-1984.
Donald L. Best, Jr., Jones, Gregg, Creehan and Gerace, for appellant.
John O. Dodick, with him, Donald E. Wright, Jr., Knox, Graham, McLaughlin, Gornall and Sennett, Inc., for appellee.
President Judge Crumlish, Jr., Judge Doyle, and Senior Judge Kalish, sitting as a panel of three. Opinion by President Judge Crumlish, Jr.
[ 102 Pa. Commw. Page 299]
The subrogee*fn1 to Edward and Irene Weaver appeals an Erie County Common Pleas Court order granting Union City Volunteer Fire Department's (Volunteer Department) motion for summary judgment. We affirm.
The Weavers sustained property damage due to a fire set by the Volunteer Department during a firefighting training exercise. The fire spread from the Weavers' old barn, the subject of the training exercise, to their new barn.*fn2 The Weavers' subrogee alleged essentially
[ 102 Pa. Commw. Page 300]
that the Volunteer Department negligently failed to contain the fire.
A trial court may grant summary judgment when, upon viewing the record most favorably to the non-moving party, it concludes that there is no issue of material fact and that the movant is entitled to judgment as a matter of law. Nordmann v. Commonwealth, 79 Pa. Commonwealth Ct. 187, 468 A.2d 1173 (1983).
The common pleas court granted summary judgment because it found Union City was a local agency entitled to governmental immunity under 42 Pa. C.S. §§ 8541 -- 8564.*fn3
The subrogee contends that the Volunteer Department is not immune because the firefighting training exercise was not an act on behalf of the Borough of Union City. We disagree.
In Wilson v. Dravosburg Volunteer Fire Department No. 1, 101 Pa. Commonwealth Ct. 284, 516 A.2d 100 (1986), we held that volunteer fire companies are local agencies entitled to governmental immunity under the 1980 Immunity Act.*fn4 There we stated that ...