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VARSHOCK v. DEPARTMENT OF FORESTRY & FIRE PROTECTION

No. D057709.

194 Cal.App.4th 635 (2011)

DIANNE VARSHOCK et al., Plaintiffs and Appellants, v. DEPARTMENT OF FORESTRY AND FIRE PROTECTION, Defendant and Respondent.

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

April 20, 2011.

Attorney(s) appearing for the Case

Girardi Keese , Thomas V. Girardi , Graham B. LippSmith , Neyleen S. Beljajev ; Niddrie, Fish & Buchanan, Law Offices of Martin N. Buchanan and Martin N. Buchanan for Plaintiffs and Appellants.

Edmund G. Brown, Jr. , and Kamala D. Harris , Attorneys General, James M. Schiavenza , Assistant Attorney General, Kristin G. Hogue and Michael P. Cayaban , Deputy Attorneys General, for Defendant and Respondent.

OPINION

IRION, J.—

The question in this case is whether sovereign immunity under Government Code section 850.4 (section 850.4) "for any injury caused in fighting fires" or an exception under Vehicle Code section 17001 imposing liability for death or injury "proximately caused by a negligent or wrongful act or omission in the operation of any motor vehicle" applies when death and injury result from the use of a fire engine in an attempt...

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