Moreno v. Quemuel

Opinion

ASHMANN-GERST, Acting P. J.

We hold that when a peace officer opens his or her door as a precursor to exiting a patrol car and making contact with a motorist during a traffic stop, the peace officer is in “immediate pursuit of an actual or suspected violator of the law” for purposes of the immunity set forth in Vehicle Code section 17004. In that situation, the peace officer cannot be held liable for opening his or her door in the path of a motorcyclist and causing injury. Accordingly, we conclude that the trial court properly applied section 17004 when it granted summary judgment in…