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Problem
Read the opinion in Burnatoski v Butler Ambulance Service Co - Agency. One of the issues here was whether or not the city was legally responsible for the acts of a driver working for a separate ambulance company in which the city had only assisted the ambulance company to obtain a federal grant to help pay for the ambulance. Under the Pennsylvania Political Subdivisions Tort Claims Act, a municipality is immune from claims such as this, unless its employee is the operator of the vehicle. The proceedings indicated that the driver was not a city employee, after which the municipality was dismissed, but the ambulance company and driver remained as defendants.
Did the City control or direct the activities of the driver to the extent that the City should be liable for the manner in which he operated the vehicle at the time of the accident? Advocate for the plaintiff or the defendant and provide the basis for your position.
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