YAMAGUCHI v. HARNSMUT

No. A095590.

130 Cal.Rptr.2d 706 (2003)

106 Cal.App.4th 472

Tadao YAMAGUCHI, et al., Plaintiffs and Respondents, v. Chaiyut HARNSMUT, et al., Defendants and Appellants.

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

Review Denied June 11, 2003.


Attorney(s) appearing for the Case

Haight, Brown & Bonesteel, Rita Gunasekaran, Santa Monica, Murphy, Pearson, Bradley & Feeney, Timothy J. Halloran, Christine A. Huntoon, Scott L. Johnson, San Francisco, for Defendants and Appellants.

Bennett & Yee, William M. Bennett, Gwendolyn K. Yee, San Francisco, for Plaintiffs and Respondents.


STEVENS, Acting P.J.

Chaiyut Harnsmut (Harnsmut) and his wife, Urai Chaloeicheep (Chaloeicheep), appeal from a judgment holding them vicariously liable for injuries suffered by a police officer at the hands of their employee. They contend their liability is precluded by the firefighter's rule and that their employee's actions were not within the scope of his employment for purposes of respondeat superior, or at least the matter should have been submitted to the jury...

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