Lewis v. Mendocino Fire Protection District

Opinion

LOW, P. J.

In this case we hold that Government Code section 850.4 does not grant immunity to a fire district when its personnel negligently injure a person rescued during a nonfirefighting incident.

Robert A. Lewis appeals from a judgment entered after the trial court sustained defendant’s demurrer on the ground that section 850.4 provides governmental immunity against plaintiffs lawsuit for injuries allegedly sustained during defendant’s rescue operations. We reverse.

Plaintiff alleged that while he was camping at Russian Gulch State Park an 85-foot tree fell on his tent, trapping him underneath; that members of the Men

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docino Volunteer Fire Department responded to the emergency; and that during the rescue, they negligently tried to remove the tree with the result that it twice fell back onto plaintiff further injuring him.

Government Code section 850.4 provides: “Neither a public entity, nor a public employee acting in the scope of his employment, is liable for any injury resulting from the condition of fire protection or firefighting equipment or facilities

or

except as provided in Article 1 (commencing with Section 17000) of Chapter 1 of Division 9 of the Vehicle Code [negligent operation of a motor vehicle],

for any injury caused in fighting fires.'”

(Italics added.)

In interpreting section 850.4 we follow the rule of construction that furthers the goal of compensating injured parties for damages caused by negligent acts. The section should be construed to bar governmental liability only where the Legislature has clearly intended immunity.

(Potter

v.

City of Oceanside

(1981) 114 Cal.App.3d 564, 566 [170 Cal.Rptr. 753];