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Eastburn v. Regional Fire Protection Authority12/18/2003
In California, public agencies each year receive millions of 911 dispatch calls seeking emergency, medical, and fire services. (E.g., Sen. Com. on Energy and Public Utilities and Joint Com. on Fire, Police, Emergency and Disaster Services (Nov. 21, 1990) Joint Interim Hearing on the 911 Emergency Response System-An Overview of its Effectiveness, pp. 11 [Cal. Highway Patrol], 18 [Los Angeles Police Dept.], 23 [Los Angeles County], 25 [Los Angeles Fire Dept.].) In this case, we must decide whether public entities employing emergency dispatchers are subject to direct or vicarious tort liability for injury attributable in part to a dispatcher's failure or delay in responding to a 911 call. We conclude that, based on applicable statutory provisions and the legislative policies underlying them, no statute imposes direct liability on public entities in such situations (see Gov. Code, §§ 815, 815.6 [direct liability for breach of statutory mandatory duty]), and vicarious liability (see Gov. Code, §§ 815.2, subd. (a), 820) is limited to cases involving gross negligence or bad faith (Health & Saf. Code, § 1799.107 (hereafter section 1799.107)). Plaintiffs have failed to plead facts disclosing any acts of gross negligence or bad faith on the part of defendants or their employees, and they presently assert no additional facts that might justify an amended complaint. Accordingly, we will affirm the judgment of the Court of Appeal, which had affirmed a judgment of dismissal in favor of defendants.
Because this case reaches us after the trial court sustained defendants' demurrers, we assume the facts alleged in plaintiffs' complaint are true. Defendants named in the complaint included the Regional Fire Protection Authority, the Barstow Fire Protection District, and (following amendment to the complaint) the City of Victorville. The complaint alleged defendants are public entities providing "emergency dispatch services for 911 callers." Defendants allegedly had a duty to exercise reasonable care in staffing and training emergency dispatch personnel, in promulgating reasonable guidelines for handing 9l1 calls, and in responding to such calls. The complaint also alleged that plaintiff Felicia Kay Eastburn, then three years old, suffered an electric shock while bathing, and that although her parents informed defendants' 911 emergency dispatcher of the injury, defendants "failed to dispatch emergency personnel with emergency equipment, so that Plaintiff [the minor] was denied early and prompt medical attention."
As a result of being deprived of prompt medical care, Felicia allegedly suffered permanent, debilitating injuries for which she sought general, special, and punitive damages from defendants. Plaintiffs further alleged that defendants acted "negligent and careless " and in "willful, wanton and . . . conscious disregard of the rights of the safety of the general public, including Plaintiff," thus demonstrating malice and justifying a punitive damages award. Felicia's parents, plaintiffs Herbert and Lori Eastburn, alleged they suffered related damages and incurred expenses.
The trial court sustained defendants' demurrers without leave to amend, and plaintiffs appealed from the subsequent judgment of dismissal. The Court of Appeal affirmed the judgment on the ground that, "under Government Code section 815 and Health and Safety Code section 1799.107, defendants are immune from liability except for bad faith or grossly negligent conduct, which plaintiffs admittedly cannot allege." (Fn. omitted.) We agree and will affirm.
1. Applicable Statutes
The California Tort Claims Act provides that " public entity is not liable for an injury," " xcept as otherwise provided b
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