California Court of Appeal

Plaintiff's jury verdict against defendant-Union City, based on its direct negligence, is reversed because plaintiff's theory was not grounded on a violation of statutory duty by the public entity; however, defendant is liable on principles of vicarious liability since its employee breached a duty not to use deadly force in an unreasonable manner owed to plaintiff.

Appellate Information

• Decided 07/23/2004
• Published 07/23/2004

Judges

• RUVOLO, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
•  Farmer, Murphy, Smith & Alliston, George E. Murphy, Suzanne M. Nicholson, Sacramento;  Ferguson, Praet & Sherman, Bruce D. Praet, Santa Ana, for Appellants.


• For Appellees:
  
• Gwilliam, Ivary, Chiosso & Brewer, Steven R. Cavalli, Oakland;  Law Office of Daniel U. Smith, Daniel U. Smith, Kentfield, for Respondents.