Kelley v. Dailey

MURDOCK, Justice

(concurring specially).

Although § 6-5-336, Ala.Code 1975, the Volunteer Service Act, speaks in terms of “immunity” for the parties to whom it is directed, in Hollis v. City of Brighton, 885 So.2d 135, 141 (Ala.2004), this Court held that a municipality, by relying upon the services of a volunteer fire department, does not “undertake a legally enforceable duty to provide skillful fire protection.” With this in mind, and given the main opinion’s reliance upon Hollis, I concur.