§662D-3 Exception. Notwithstanding section 662D-2, if otherwise permitted by law, a person may sue and recover civil damages from a volunteer based upon:
(1) Any conduct engaged in by the volunteer that would constitute gross negligence, wilful and wanton misconduct, or intentional misconduct;
(2) Any act or omission in connection with the operation of a motor vehicle;
(3) Any conduct engaged in by the volunteer while the volunteer is unreasonably interfering with the lawful activities of another;
(4) Any conduct engaged in by the volunteer that takes place on private property when the volunteer's presence on the property was not consented to by the owner;
(5) Any act or omission within a volunteer's scope of practice for which the volunteer is licensed, certified, permitted, or registered under state law to perform; provided that this paragraph shall not apply to volunteer medical assistance services pursuant to section 321-2.5; and
(6) Any criminal offense committed by the volunteer. [L 1997, c 351, pt of §2; am L 2010, c 134, §2]
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