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Calatayud v. State8/6/1998
.] But ` t is a settled principle of statutory interpretation that language of a statute should not be given a literal meaning if doing so would result in absurd consequences which the Legislature did not intend.' [Citations.] Thus, ` he intent prevails over the letter, and the letter will, if possible, be so read as to conform to the spirit of the act.' [Citation.] Finally, we do not construe statutes in isolation, but rather read every statute `with reference to the entire scheme of law of which it is part so that the whole may be harmonized and retain effectiveness.' [Citation.]" (People v. Pieters (1991) 52 Cal.3d 894, 898-899.) To properly apply these principles, we must at the same time remain cognizant of "the object to be achieved and the evil to be prevented by the legislation. [Citations.]" (Harris v. Capital Growth Investors XIV (1991) 52 Cal.3d 1142, 1159; Ex parte Ellis (1858) 11 Cal. 222, 224-225.)
Civil Code section 1714.9, subdivision (a)(1) (section 1714.9(a)(1)), derives from former subdivision (b) of Labor Code section 3852. (See Stats. 1982, ch. 149, § 1, p. 492, amended by Stats. 1982, ch. 258, § 1, pp. 835-836.) In 1982, the Legislature enacted this latter provision "specifically to reverse the effect of the Hubbard case." (Sen. Com. on Judiciary, Analysis of Assem. Bill No. 2351 (1981-1982 Reg. Sess.) as amended May 3, 1981, p. 4; see also Sen. Com. on Industrial Relations, Analysis of Assem. Bill No. 2105 (1981-1982 Reg. Sess.) as amended May 27, 1981, pp. 1-3 .) The search for legislative intent thus begins with our decision in Hubbard, supra, 28 Cal.3d 480, and the Legislature's reaction.
In Hubbard, a police officer, using red lights and siren, chased a speeding motorist. Instead of stopping, the motorist accelerated, at one point reaching a speed of 100 miles per hour. While passing another car on a blind curve, he collided with a third vehicle. The officer was injured as he swerved to avoid the debris from the collision. When the officer sued for his injuries, the motorist invoked the firefighter's rule, and the trial court granted summary judgment. (Hubbard, supra, 28 Cal.3d at pp. 483-484.) This court affirmed, concluding that the rule applied equally "whether defendant's conduct was reckless or merely negligent in nature" (id. at p. 484) and that evading arrest statutes (e.g., Penal Code section 148 and Vehicle Code section 2800.1) were not "specially designed to protect policemen from traffic accidents of the kind in which plaintiff was injured." (Hubbard, supra, 28 Cal.3d at p. 486; see Walters, supra, 20 Cal.3d at pp. 206-207.)
In a vigorous and lengthy Dissent, Justice Tobriner roundly criticized the majority for "hav not applied the traditional fireman's rule at all but rather hav extended the reach of the rule beyond the limits of any previous authority." (Hubbard, supra, 28 Cal.3d at p. 487 (dis. opn. of Tobriner, J.).) "Past cases applying the fireman's rule make it clear that while a defendant may be shielded from liability for negligent acts committed prior to the fireman's or policeman's presence which cause or fail to prevent the fire or crime, the rule provides no shelter for a defendant who, after the officer arrives, commits subsequent negligent acts which cause the officer's injury." (Id. at p. 488; see, e.g., Lipson v. Superior Court (1982) 31 Cal.3d 362, 369-371; see also 2 Harper & James, Law of Torts (1956) § 27.14, p. 1504.) The facts established that "after the defendant became aware of the police officer's presence on the scene, the defendant committed an additional and subsequent act of misconduct which foreseeably created a new and additional risk of danger to the officer and which ultimately caused the officer's serious inj
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