California Court of Appeal

Summary judgment in favor of defendant, in case alleging negligence in the vicinity of an accident where plaintiff tow truck operator was working and was struck a passing car, is affirmed where undisputed evidence shows officers had no duty of care toward plaintiff as they did not create or increase the risk of harm that led to plaintiff's injuries, and the circumstances did not establish a special relationship between the officers and plaintiff such that the officers would have had a duty to protect him. Also, claim that provisions of CHP Officer Safety Manual establish a duty in tort is rejected.

Appellate Information

• Decided 06/22/2006
• Published 06/22/2006

Judges

• SCOTLAND, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Altemus & Wagner and Darryl L. Wagner, Redding, for Plaintiff and Appellant.


• For Appellees:
  
• Bill Lockyer, Attorney General, Darryl L. Doke and Jill Buttram Scally, Deputy Attorneys General, for Defendant and Respondent.