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Calatayud v. State8/6/1998
negligent or wanton conduct [by a third party] does not afford a basis for liability to a policeman or fireman for injuries incurred by them in the course of their hazardous work." (Sen. Republican Caucus Rep., Analysis of Assem. Bill No. 2105, supra, at p. 2; Enrolled Bill Mem. to Governor, Assem. Bill No. 2105 (1981-1982 Reg. Sess.) (Mar. 31, 1982); see Sen. Com. on Industrial Relations, Analysis of Assem. Bill No. 2105, supra, at p. 2.) The purpose of the amendment was to rectify the perceived disparity created by judicial construction extending the rule beyond its traditional limits. (See, e.g., Sen. Com. on Industrial Relations, Analysis of Assem. Bill No. 2105, supra, at pp. 2-3; see also Stats. 1982, ch. 149, § 2, p. 492 [amendment enacted as urgency legislation "to secure the rights of policemen and firefighters"].) At the same time, the Legislature took precautions not to inadvertently override the exclusivity of the Workers' Compensation Act. (See Lab. Code, §§ 3601, 3602.) The new legislation was expressly "not applicable to an employer of a peace officer or firefighter." (Stats. 1982, ch. 149, § 1, p. 492.) Thus, a public employer would not be liable for negligent injury caused by a co-employee. (See Gov. Code, § 825.)
Because the amendment to Labor Code section 3852 eliminated the bar to liability imposed by the firefighter's rule, the Legislature subsequently shifted its provisions to the Civil Code and incorporated the language of subdivision (b) into section 1714.9(a)(1). (Stats. 1982, ch. 258, §§ 1, 2, pp. 836-837.) As before, the avowed purpose was "specifically to reverse the effect of the Hubbard case" (Sen. Com. on Judiciary, Analysis of Assem. Bill No. 2351, supra, at p. 4), which had "unduly broadened" the scope of the firefighter's rule with respect to third party tortfeasors (id. at p. 1). In codifying other exceptions as well, the Legislature remained focused on civilian third party tortfeasors. Subdivision (a)(2) of Civil Code section 1714.9 sets forth the exception for injury caused by violation of laws enacted for the protection of public safety members; superseding Hubbard, it expressly includes resisting arrest and similar statutes. (See ante, fn. 7; Hubbard, supra, 28 Cal.3d at p. 490 (dis. opn. of Tobriner, J.).) Civil Code section 1714.9, subdivision (a)(3) imposes liability when the misconduct is "intended to injure" the public safety member. (See ante, fn. 7.) Finally, subdivision (a)(4) of Civil Code section 1714.9 also makes arson an exception to the rule. (See ante, fn. 7.)
From this preliminary examination, we find no evidence the Legislature used the phrase "any person" to encompass other jointly involved public safety members or to extend the scope of section 1714.9(a)(1) to injury caused by them. Viewed in context, the provision demonstrates singular concern with the prototypical case in which the firefighter's rule is invoked to shield a defendant whose original misconduct occasioned an officer's presence and whose subsequent acts caused injury. Manifestly, that was "the evil to be prevented by the legislation." (Harris v. Capital Growth Investors XIV, supra, 52 Cal.3d at p. 1159.) Thus, whatever literal meaning "any person" may have in other contexts, applying it to fellow officers also involved in responding to the original misconduct does not " `conform to the spirit of the act.' " (People v. Pieters, supra, 52 Cal.3d at p. 899.)
Further consideration of the statutory language and history as well as the practical consequences of a different interpretation only reinforces this Conclusion. (See Ex parte Ellis, supra, 11 Cal. at pp. 224-225.)
A contrary determination would raise substantial policy concerns inconsistent with the
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