Aetna Life and Casualty Co., Inc., 374 So.2d 310 (Ala.1979). Whether Slovensky is immune from liability because of § 11-89-15 and § 6-5-335, or either one of those code sections, depends upon factual determinations that we cannot make from the record before us.
As to Slovensky, the judgment below dismissing all claims against him is reversed and the case is remanded for further proceedings not inconsistent with this opinion.
As to East Alabama, the judgment below is hereby affirmed.
AFFIRMED IN PART, REVERSED IN PART AND REMANDED.
TORBERT, C. J., and FAULKNER, ALMON and ADAMS, JJ., concur.
NOTES
[1]  § 11-89-15. Furnishing of fire protection service by district declared governmental function; immunity from tort liability of district.

The furnishing of fire protection service by a district is hereby declared to be a governmental function.
The district shall not be liable for any tort, whether negligent or willful, committed by any director, agent, servant or employee of the district in the furnishing of fire protection service or in the construction, maintenance or operation of any fire protection facility.


              United States Court of Appeals
                              For the First Circuit

No. 09-1629

                                   JASON CLEMENTS,

                                    Petitioner, Appellee,

                                             v.

                                  HAROLD W. CLARKE,

                                   Respondent, Appellant.



                                     ERRATA SHEET

      The opinion of the court issued on January 20, 2010, is amended as follows:

      On the cover sheet replace "Randal B. Ravitz" with "Randal E. Ravitz"
      On page 18, line 2, replace "appellant" with "appellee'


155 F.3d 674
UNITED STATES of Americav.Jazz HAYWOOD,Jazz Haywood a/k/a Torrie Graham, Appellant.
No. 97-1652.
United States Court of Appeals,Third Circuit.
Argued June 9, 1998.Decided Sept. 9, 1998.

Stephen J. Britt (Argued), Assistant U.S. Attorney, Philad