Parents of the deceased sued California Highway Patrol and its sergeant who drove the patrol car

A California court found that a highway patrol sergeant, who was driving within the scope of his employment when his vehicle struck and killed a man, was immune from liability as an emergency responder under the Vehicle Code.

In Silva et al. v. Langford et al., the parents of the deceased filed a complaint against a sergeant of the California Highway Patrol (CHP) for violation of basic speed law under section 22350 of the Vehicle Code. They alleged that CHP was also liable under section 17001 of the Vehicle Code, which governs public entity liability for a public employee’s negligent or wrongful operation of a motor vehicle.

The incident arose when a rideshare driver pulled into the number one lane of U.S. Highway 101, abruptly stopped the vehicle, and refused to drive the vehicle onto the shoulder or to an exit ramp before forcing the plaintiffs’ son and his fellow passenger to exit the vehicle.

As the son was trying to cross traffic lanes to reach a safer area, a patrol vehicle driven by the sergeant struck and killed him. At the time, the sergeant was driving at an excessive speed and was not activating his car’s lights and sirens.

The CHP and its sergeant filed demurrers to the plaintiffs’ amended complaint. They alleged that:

• Investigative immunity under section 821.6 of California’s Government Code barred the complaint;
• The sergeant had emergency responder immunity under...

Read Full Story: https://www.hcamag.com/us/specialization/employment-law/emergency-responder-i...