McElroy v. State of California

Opinion

RYLAARSDAM, Acting P. J.

Plaintiffs Michael McElroy and Gary Nelson, officers with the City of Orange Police Department (OPD), appeal from a summary judgment entered in favor of defendants the State of California and California Highway Patrol (CHP) Officers Brent Pembleton and Aaron D’Aoust. The CHP officers collided with plaintiffs’ unmarked police car after joining an ongoing pursuit in the City of Orange.

Prior to the accident, defendants were returning to their station when they “noticed several marked police vehicles traveling ‘Code 3’ . . .in front of them.” Defendants followed the…