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SD court asked to reinstate firefighter lawsuit

SPEARFISH (AP) — A Sioux Falls man who was injured in a car crash with a Chester volunteer firefighter speeding to a fire has asked the South Dakota Supreme Court to reinstate his lawsuit against the firefighter.

A trial judge ruled that Areyman Gabriel could not sue Tim Bauman because the volunteer firefighter was immune from damages. South Dakota law grants good Samaritans immunity unless their conduct is willful, wanton and reckless, and the judge said speed alone could not constitute recklessness.

The Argus Leader reports that Gabriel's lawyer asked the Supreme Court to decide how dangerously a good Samaritan should be allowed to drive on the way to an emergency. Bauman's lawyer asked the high court to rule that he cannot be sued.

The Supreme Court will decide the case later.