FARNAM v. STATE OF CALIFORNIA

No. G021552.

101 Cal.Rptr.2d 642 (2000)

84 Cal.App.4th 1448

RonaId FARNAM, Plaintiff and Appellant, v. STATE OF CALIFORNIA et al., Defendants and Respondents.

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

Review Denied February 28, 2001.


Attorney(s) appearing for the Case

Gregory L. Bosse, Orange, for Plaintiff and Appellant.

Daniel E. Lungren and Bill Lockyer, Attorneys General, Richard J. Rojo, Supervising Deputy Attorney General, Martin Ageson and Barbara A. Noble, Deputy Attorneys General, for Defendants and Respondents.


OPINION

RYLAARSDAM, J.

A police dog handled by defendant, Joseph Morrison, a California Highway Patrol officer, bit plaintiff Ronald Farnam, a Los Alamitos police officer, at the scene of an arrest. Plaintiff sued Morrison and his agency, contending Morrison negligently handled the dog. We affirm the summary judgment in favor of defendants because primary assumption of risk (the "firefighter's rule") bars the claim.

FACTS

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