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Calatayud v. State8/6/1998
Ct. App. 2/4 B079230
Los Angeles Co.
Super. Ct. No. GC 2592
Under the common law doctrine known as the firefighter's rule, the public's liability is limited. One who negligently causes the event to which a police officer responds owes no duty of care with respect to the initial negligent act. (Walters v. Sloan (1977) 20 Cal.3d 199, 202.) Thus, the officer may not sue for injury proximately caused by that original negligence. By statute, however, this limitation on liability does not extend " here the conduct causing the injury occurs after the person knows or should have known of the presence of" the officer. (Civ. Code, ยง 1714.9, subd. (a)(1).)
This case involves injury to a police officer caused by a fellow officer while the two were attempting to subdue and arrest a criminal suspect. The officers were employed by different public safety agencies. The question we must resolve is whether the firefighter's rule or the statutory exception should govern the negligent officer's, and his employer's, liability. We conclude the Legislature did not intend Civil Code section 1714.9, subdivision (a)(1), to apply in these circumstances and therefore reverse the contrary determination of the Court of Appeal. Factual and Procedural Background
In the early morning hours of February 9, 1990, California Highway Patrol Officer Michael Byrd and his partner received a report of shots fired in a nearby parking structure. When they arrived at the location, they observed a highly agitated Jimmy Wilkes, a professional football lineman, causing a disturbance. The two officers went to detain Wilkes and keep him out of the parking structure. Highway Patrol Officer Charles DeVille joined the effort. Both Byrd and DeVille carried shotguns. Plaintiff Eduardo Calatayud (plaintiff), a Pasadena police officer, had received an "officer needs assistance" call and proceeded to the scene. He observed Byrd and DeVille, both still holding their shotguns, attempting to control and detain Wilkes, who appeared to be violently resisting them.
Plaintiff approached the highway patrol officers to assist them in subduing and arresting Wilkes. As plaintiff placed a partial control hold on Wilkes's right hand, Byrd pushed Wilkes's body down to keep him from standing up. In the process Byrd fell, accidentally causing his shotgun to discharge and injure plaintiff.
Plaintiff brought suit against defendants the State of California and Officer Byrd (defendants). Defendants unsuccessfully sought to interpose the firefighter's rule as a bar to liability. Following a three-week trial, a jury returned a verdict in favor of plaintiff in excess of $700,000. It apportioned 50 percent fault to Wilkes, 30 percent to Byrd (and the State for his conduct), and 20 percent to the State (for DeVille's conduct). The total judgment against defendants amounted to $440,000 plus costs.
The Court of Appeal affirmed the judgment. The court found the firefighter's rule applicable based on "evidence establish that Officer Calatayud's immediate presence at the scene of the struggle with Mr. Wilkes was necessitated by Mr. Wilkes's resistance, and by the conduct of the [Highway Patrol] officers in attempting to subdue Mr. Wilkes while holding their shotguns." Nevertheless, it determined the circumstances came within the exception set forth in Civil Code section 1714.9, subdivision (a)(1). We granted defendants' petition for review to determine the scope of the statute.
Discussion
Stated in its most traditional terms, the firefighter's rule "is that which negates liability to firemen by one whose negligence causes or contributes to the fire which in tu
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