Payne v. City of Perris

Opinion

HOLLENHORST, J.

In this case we are called upon to determine whether the police pursuit policy adopted by the City of Perris Police Department complies with Vehicle Code section 17004.7 1 such that defendant is immune from any liability for the death of plaintiffs’ decedent. The trial court, on defendant’s motion for summary judgment, concluded that the policy in question complied with section 17004.7 and therefore granted defendant’s motion and entered judgment in favor of defendant. We conclude that the policy does not provide guidelines for determining when to initiate or terminate a…