Peerless Laundry Service, Ltd. v. City of Los Angeles

MOORE, P. J.

Defendant appeals from a judgment in the sum of $5,500 entered upon a verdict in favor of plaintiff for injury to property which occurred when a city fire truck crashed into plaintiff’s building. The damage resulted when the vehicle’s driver was responding to an emergency call.

The uncontradicted evidence establishes that the fire truck, a “pumper,” proceeded south on Main Street at a maximum speed of 40 to 50 miles per hour; the driver applied the brakes reducing speed to about 20 miles per hour as the vehicle entered Slauson Street and attempted to go eastward; he again applied the brakes, but the truck sped on—leaping the 6-inch curb and traversing the 12-foot sidewalk. It came to rest with a violent impact against plaintiff’s structure. The driver testified that “he attempted to apply the brakes” but that he may have stepped on the accelerator instead. One of plaintiff’s employees testified that after the crash, the pumper driver declared: “I just lost control; couldn’t make the turn.”

Appellant impliedly concedes that such evidence is sufficient to support a finding that the driver’s conduct reflected ordinary negligence but that it is entitled to a reversal on the ground that by virtue of Vehicle Code, section 454, re

[705]

covery against the city cannot be founded on the general principles of law relating to negligence. Such contention requires an examination of the statutes applicable to municipally owned “emergency” vehicles.

Section 400 of the Vehicle Code provides broadly that municipalities are “responsible” for damages resulting from the negligent operation of vehicles owned by them and operated by their employees. Section 401 provides that the

operator

of an

emergency

vehicle shall not be personally liable for any damages resulting from his operation of such vehicle in the line of duty “while responding to an emergency call.” Thus, although the driver of a municipally owned vehicle is personally relieved from answering for detriment he may have caused while operating such vehicle on an emergency call, yet section 401 does not abridge the injured party’s right of action against the municipality.