POSEY v. STATE OF CALIFORNIA

Docket No. A024640.

180 Cal.App.3d 836 (1986)

225 Cal. Rptr. 830

MARY ANN POSEY, Plaintiff and Appellant, v. THE STATE OF CALIFORNIA, Defendant and Appellant.

Court of Appeals of California, First District, Division Three.

May 8, 1986.


Attorney(s) appearing for the Case

COUNSEL

Michaud, Weber & De Vries, Michael C. Weber and Daniel G. Herns for Plaintiff and Appellant.

John K. Van de Kamp, Attorney General, and Tyler B. Pon, Deputy Attorney General, for Defendant and Appellant.


OPINION

MERRILL, J.

Under the facts of this case we decide that the failure of California Highway Patrol (CHP) officers to stop and inspect or to stop and remove a vehicle parked alongside the traveled roadway does not create a basis for liability on the part of the CHP, and thereby the State of California (State), in that there is neither a mandatory duty nor a special relationship...

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