Commonwealth v. Millsaps

*504This is an appeal in a civil action brought by the Commonwealth to recover for damage to its property caused by the negligence of a speeding motorist attempting to evade police pursuit. It requires consideration of the circumstances in which the “rescue doctrine” or “humanitarian doctrine” will negate the defense of assumption of risk. We must also consider the availability of the defense of assumption of the risk asserted against a claim for damages arising from risks inherent in the performance of a policeman’s official duties.

The facts are undisputed. Shortly after midnight on January 28,…