Legal Opinion
Varshock v. Department of Forestry
California Court of Appeal
Decided April 20, 2011No. D057709PublishedCited by 26 opinions
1Opinion of the Court
Opinion
IRION, J.
The question in this case is whether sovereign immunity under Government Code section 850.4 (section 850.4) “for any injury caused in fighting fires” or an exception under Vehicle Code section 17001 imposing liability for death or injury “proximately caused by a negligent or wrongful act or omission in the operation of any motor vehicle” applies when death and injury result from the use of a fire engine in an attempt to rescue persons and save a home from being destroyed by a wildfire. We conclude that section 850.4 immunity prevails over the Vehicle Code section 17001…
2Cases cited77 opinions
- Aguilar v. Atlantic Richfield Co.California Supreme Court · 2001
- Lungren v. DeukmejianCalifornia Supreme Court · 1988
- Johnson v. State of CaliforniaCalifornia Supreme Court · 1968
- Arias v. Superior CourtCalifornia Supreme Court · 2009
- Delaney v. Superior CourtCalifornia Supreme Court · 1990
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3Cited by26 opinions
- Cornell v. City & Cnty. of S.F., California Court of Appeal, 5th District2017
- Orange Cnty. Water Dist. v. Sabic Innovative Plastics United States, LLC, California Court of Appeal, 5th District2017
- Anderson v. Fitness International, LLCCalifornia Court of Appeal · 2016
- Klem v. Access Ins. Co., California Court of Appeal, 5th District2017
- People v. ChildsCalifornia Court of Appeal · 2013
21 more not listed; retrieve them via the Exa API.