HUBBARD v. BOELT

Docket No. L.A. 31267.

28 Cal.3d 480 (1980)

620 P.2d 156

169 Cal. Rptr. 706

JOHNNY DEAN HUBBARD, Plaintiff and Appellant, v. ROBERT JAMES BOELT, Defendant and Respondent; CITY OF SAN DIEGO et al., Interveners and Appellants.

Supreme Court of California.

December 15, 1980.


Attorney(s) appearing for the Case

COUNSEL

Carlson & Thiessen and Robert T. Thiessen for Plaintiff and Appellant.

Yale I. Jones, William G. McDevitt, Robert E. Cartwright, Ian Herzog, Edward I. Pollock, Glen T. Bashore, Stephen I. Zetterberg, Ralph Drayton, Richard D. Bridgman, Harvey R. Levine, Leonard Sacks, Joseph Posner, Cotkin, Collins, Kolts & Franscell, George J. Franscell, Wayne W. Schmidt, Donald L. Clark, County Counsel (San Diego), Lloyd M. Harmon, Jr., Chief Deputy County Counsel, and William A. Calders, Deputy County Counsel, as Amici Curiae on behalf of Plaintiff and Appellant.

John W. Witt, City Attorney, Ronald L. Johnson, Chief Deputy City Attorney, and Thomas F. Calverley, Deputy City Attorney, for Interveners and Appellants.

George Agnost, City Attorney (San Francisco), Burk E. Delventhal and Alice Suet Yee Barkley, Deputy City Attorneys, Burt Pines, City Attorney (Los Angeles), Edwin J. Moore, City Attorney (Santa Clara), Jerome F. Coleman, City Attorney (Burlingame), George W. Brehmer, City Attorney (Carmel-by-the-Sea), William J. Adams, City Attorney (Palm Springs), P. Lawrence Klose, City Attorney (Petaluma), Donald C. Wickham, City Attorney (San Jacinto), Gerald A. Sperry, City Attorney (Stockton), and Elwyn L. Johnson, City Attorney (Modesto), as Amici Curiae on behalf of Interveners and Appellants.

Wingert, Grebing, Anello & Chapin, Michael M. Anello, Lascher & Wilner and Edward L. Lascher for Defendant and Respondent.


OPINION

RICHARDSON, J.

May a policeman injured during a high speed chase of a reckless traffic offender recover damages for his personal injury from that person? We conclude that such recovery is precluded by reason of the so-called "fireman's rule," which bars certain tort causes of action by firemen and policemen injured during the course of their hazardous occupations. (See Walters v. Sloan (1977)

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