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CRUZ v. BRISENO

No. S076167.

93 Cal.Rptr.2d 715 (2000)

22 Cal.4th 568

994 P.2d 986

Roberto CRUZ et al., Plaintiffs and Appellants, v. John BRISENO et al., Defendants and Respondents.

Supreme Court of California.

March 23, 2000.

Attorney(s) appearing for the Case

Lerner, Moore, Mammano, Strasser & Silva, Robert M. Mammano, San Bernardino; Milhaupt & Perrin, Thomas J. Milhaupt and Steven K. Perrin, Thousand Oaks, for Plaintiffs and Appellants.

Manning, Marder & Wolfe, Manning & Marder Kass, Ellrod, Ramirez, Steven J. Renick and Steven D. Blades, Los Angeles, for Defendants and Respondents.

Law Offices of Carpenter & Rothans, Steven J. Rothans and Marc P. Miles, Los Angeles, for City of Monrovia, 35 California Cities, the League of California Cities and the County Counsel's Association of California as Amici Curiae on behalf of Defendants and Respondents.

CHIN, J.

A sheriffs deputy pursues a speeding motorist but fails to activate his car's siren or lights. The motorist runs a red light at high speed, colliding with another car and killing or injuring its passengers. Is the deputy personally liable to the car's passengers for asserted negligence in failing to activate his siren or lights? As will appear, we conclude that the deputy is statutorily immune from suit under Vehicle Code section 17004,1...

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