Ries v. Lee

Opinion

ROTH, P. J.

Respondent David Lee was the owner of a 1959 MG automobile which on December 6, 1976, he loaned to his brother, respondent Andrew Dalton Lee. On that date appellant was employed and on duty as a uniformed police officer for the City of Palos Verdes Estates,

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working the 4 p.m. to midnight shift in his marked patrol car.

When he observed the MG with a white tail light showing, in violation of the Vehicle Code, he activated the red lights and spotlight on his car. Instead of stopping, however, Andrew sped away. Appellant, with his siren also on, pursued the vehicle at speeds reaching. 90 miles per hour.

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At one point in the chase Andrew slowed to enable the passenger riding with him to exit the car. Thereafter, again at high speed, he drove the MG from the northbound lanes of Palos Verdes Drive West down a 10-foot embankment, so as to enter in reverse fashion the southbound lanes of that thoroughfare. Appellant followed and was injured as he negotiated the traverse. The pursuit ended shortly after when appellant rammed the MG with his patrol car.

A one-count complaint filed subsequently by appellant alleged respondents “negligently, carelessly and unlawfully entrusted, managed, owned, maintained, drove and operated their said motor vehicle” so as proximately to cause him injury. Respondents’ motions for summary judgment, relying upon the “fireman’s rule” as enunciated in

Walters

v.

Sloan

(1977) 20 Cal.3d 199 [142 Cal.Rptr. 152, 571 P.2d 609], were granted. This appeal followed.

In

Walters,

our Supreme Court observed that: “The fireman’s rule provides that negligence in causing a fire furnishes no basis for liability to a professional fireman injured fighting the fire. Firemen, ‘whose occupation by its very nature exposes them to particular risks of harm, “‘cannot complain of negligence in the creation of the very occasion for [their] engagement.””