Legal Opinion

Cruz v. Briseno

California Supreme Court

Decided March 23, 2000No. S076167PublishedCited by 11 opinions

1Opinion of the Court

Opinion

CHIN, J.

A sheriff’s deputy pursues a speeding motorist but fails to activate his car’s siren or lights. The motorist runs a red light at high speed, colliding with another car and killing or injuring its passengers. Is the deputy personally liable to the car’s passengers for asserted negligence in failing to activate his siren or lights? As will appear, we conclude that the deputy is statutorily immune from suit under Vehicle Code section 17004, 1 which immunizes public employees from civil damages resulting from their operation of emergency vehicles in immediate pursuit of an actual…

2Cases cited8 opinions

  1. Caldwell v. MontoyaCalifornia Supreme Court · 1995
  2. Nunn v. State of CaliforniaCalifornia Supreme Court · 1984
  3. Brummett v. County of SacramentoCalifornia Supreme Court · 1978
  4. City of Sacramento v. Superior CourtCalifornia Court of Appeal · 1982
  5. Kisbey v. State of CaliforniaCalifornia Supreme Court · 1984

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3Cited by11 opinions

  1. Hernandez v. City of PomonaCalifornia Supreme Court · 2009
  2. Schreyer v. ChaplainCourt of Appeals of Maryland · 2010
  3. Stricker v. Industrial CommissionUtah Supreme Court · 1920
  4. Smith v. DowlingSupreme Court of Florida · 1921
  5. Shaver v. MurdockCalifornia Supreme Court · 1868

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