When you can still sue a volunteer

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.