California Court of Appeal

Trial court properly sustained CHP's demurrer to Greyhound's cross-complaint alleging that the CHP 911 operator failed to enter the code for lane blockage as to the first auto accident and this omission was a proximate cause of the subsequent bus collision because it resulted in an unreasonable delay in CHP's response to the emergency, where: 1) law enforcement personnel, including CHP officers, have no duty to come to the aid of another unless a special relationship exists between the injured party and the officers; and 2) such a special relationship arises if an officer's affirmative act creates the peril, or contributes to, increases, or changes the risk that otherwise exists, and here, no special relationship existed between CHP and the injured bus passengers.

Appellate Information

• Decided 02/14/2013
• Published 02/14/2013

Judges

• LEVY

Court

• California Court of Appeal

Counsel