Vehicle passenger’s mother brought wrongful death action against city after passenger died from injuries sustained while his vehicle was subject of police pursuit.
The Superior Court granted summary judgment to city. Mother appealed.
The Court of Appeal held that:
- Statute providing governmental immunity from personal injury or wrongful death claims resulting from law enforcement vehicular pursuit, when the governmental entity has adopted and implemented an appropriate vehicle pursuit policy, does not require, as prerequisite to immunity, proof of compliance by every single officer with requirement that all officers certify in writing that they have received, read, and understand the policy, and
- City’s vehicular pursuit policy was sufficient to trigger immunity under the above statute.