Louisiana Appellate Court Concludes Fire Apparatus Has Immunity in Intersection Collision Case

A Louisiana appellate court has dismissed a lawsuit arising out of an intersection accident involving an engine from the Kenner Fire Department. The court held that the City of Kenner was entitled to qualified immunity under Louisiana’s Emergency Responder Statute because the undisputed evidence showed the apparatus was responding to an emergency, using warning devices, and had slowed before entering the intersection.

The case arose from a June 8, 2024 collision of Engine 388 of the Kenner Fire Department with a civilian vehicle operated by LaShanda Hillard. The facts as explained in the decision:

• The following facts are undisputed: at 11:31 AM on June 8, 2024, the Kenner Fire Department received a call about a fire in front of a building located around the 2800 block of Augusta Street.
• Fire Engine 388 was immediately dispatched with three firefighters, including the driver, Anthony Prima, who turned on the firetruck’s electronic siren and emergency lights immediately upon leaving the station.
• The accident at issue occurred on that clear, sunny day shortly thereafter at approximately 11:44 AM at the intersection of Veterans Boulevard and Loyola Drive.
• As Engine 388 proceeded through a red light, and while turning left onto Veterans Boulevard, a Toyota Camry driven by plaintiff LaShanda Hillard (travelling alone without passengers) ran into the side of the passenger side of the firetruck.
• The parties were able to drive their respective vehicles to a nearby lot where they were met by the Kenner Police Department, who took statements and completed a crash report.
• Neither party reported any injuries at that time.
• Ms. Hillard stated at that time, and again later in her deposition, that she heard the firetruck’s sirens prior to the accident, but that she proceeded through the intersection because the light was green and she did not see the firetruck.

Hillard filed suit against the city, alleging that Prima and the City of Kenner were responsible for the collision, damage to her vehicle, and later medical injuries. In response, the city invoked La. R.S. 32:24, Louisiana’s emergency responder immunity statute, which protects operators of authorized emergency vehicles from ordinary negligence claims when certain statutory conditions are met. 

Under the statute, an emergency vehicle driver must be responding to an emergency call, must slow or stop as necessary before proceeding past a traffic control device, and must make use of audible or visual signals sufficient to warn motorists of the vehicle’s approach. If those requirements are satisfied, liability attaches only if the plaintiff can show reckless disregard or gross negligence. 

The trial court denied the city’s motion for summary judgment, finding factual disputes as to whether Prima had sufficiently slowed before entering the intersection and whether the warning devices were adequate. The city sought appellate review. 

The Fifth Louisiana Circuit Court of Appeals found no dispute that Engine 388 was responding to a fire call. On the issue of warning devices, the court focused on Hillard’s own testimony that she heard the siren before entering the intersection and that hearing it caused her to remove her foot from the accelerator. The court concluded that whether she heard the mechanical siren or air horn, or saw the emergency lights, did not create a factual dispute because she admitted hearing the siren in time to recognize the apparatus was approaching. 

As to whether Prima slowed before proceeding through the red light, the court relied on his deposition testimony, affidavit, and incident reports, all of which stated that he reduced speed before entering the intersection. Hillard argued that Prima’s testimony was inconsistent because he also stated that, in the final second before impact, he chose not to brake after seeing her vehicle approximately ten meters away. The court rejected that argument, finding that his testimony consistently described slowing before entering the intersection and then attempting to continue forward once the collision became imminent. 

The court also noted that Hillard testified she could not say whether the fire truck had stopped or slowed because a wall or concrete barrier obstructed her view until just before impact. In her deposition, she stated: “When I saw him, he was moving past me, so I wouldn’t know if he stopped at the light…” 

The record contained no eyewitness testimony, video footage, or other evidence contradicting Prima’s account. Based on that record, the court concluded that the city had established all three statutory elements required for immunity. 

The court then addressed whether Prima’s conduct could nevertheless amount to reckless disregard or gross negligence. Citing prior Louisiana precedent defining gross negligence as a “want of even slight care and diligence,” the court found no evidence that Prima acted without due regard for the safety of others. 

The appellate court reversed the trial court, granted summary judgment in favor of the City of Kenner, and dismissed Hillard’s claims with prejudice.  Here is a copy of the decision.