2004 Minnesota Statutes

     471.86 Protection for firefighter driver sued for 
  damages. 

    Subdivision 1.    Legal counsel, employment.  Every 
 city, township, or other governmental subdivision of the state 
 shall furnish legal counsel for any firefighter employed by it 
 upon the firefighter's written request in all actions brought 
 against such firefighter to recover damages for injury to person 
 or property, or for wrongful death, when such action arose out 
 of the operation of a motor vehicle by such firefighter in the 
 performance of official duties, and pay the expenses of 
 defending such suit, including witness and reasonable counsel 
 fees, notwithstanding any contrary provision in the law or in 
 the charter of any such governmental subdivision. 

    Subd. 2.    Judgment, payment authorized.  If judgment 
 is rendered in favor of the firefighter, costs and disbursements 
 included therein shall be assigned to such governmental 
 subdivision by the firefighter, and all money collected thereon 
 shall be paid to it.  If judgment is rendered against the 
 firefighter, such governmental subdivision shall appropriate 
 money from any funds available to pay such judgment, or shall 
 levy funds for the payment thereof pursuant to law. 

    Subd. 3.    Application.  The obligation of this 
 section shall not apply in any case where such firefighter is 
 fully indemnified against claims for such damages and for such 
 expenses by contract with another, and this section shall not be 
 construed to waive any existing immunity accorded by law to 
 municipalities or governmental subdivisions from claims for 
 damages sustained as the result of the negligence of its 
 officers, agents or servants in the exercise or performance of 
 governmental or public functions. 

    HIST: 1951 c 183 s 1-3; 1957 c 199 s 1; 1973 c 123 art 5 s 7; 
 1977 c 429 s 63; 1986 c 444