DELLA WILLIAMS, Plaintiff and Appellant,
v.
THE STATE OF CALIFORNIA, Defendant and Respondent.
Supreme Court of California.https://leagle.com/images/logo.png
June 13, 1983.
June 13, 1983.
Attorney(s) appearing for the Case
COUNSEL
Trezza, Ithurburn & Steidlmayer and Eugene J. Davis for Plaintiff and Appellant.
George Deukmejian, Attorney General, Michael Franchetti, Chief Deputy Attorney General, Willard A. Shank, Chief Assistant Attorney General, Marvin Goldsmith, Assistant Attorney General, Seward L. Andrews, Bruce J. Braverman and Stephen J. Egan, Deputy Attorneys General, for Defendant and Respondent.
Supreme Court of California.
OPINION
KAUS, J. —
I
(1a) The issue is whether the mere fact that a highway patrolman comes to the aid of an injured or stranded motorist creates an affirmative duty to secure information or preserve evidence for civil litigation between the motorist and third parties. We find that stopping to aid a motorist does not, in itself, create a special relationship which would give rise to such a duty.
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