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Whitfield v. Heckler & Koch8/9/2000
toe with bulky, bullet-proof body armor when they arrived at the bank, and were armed, as the complaint alleges, with numerous pieces of assault-style weaponry. Clearly, their plans never included a quick bank job and inconspicuous getaway but were instead dependent on overpowering police officers with their superior weaponry and defensive equipment. In any event, the actions of third parties does not alter respondent's liability. Respondent's contribution to the incident took place months or years earlier when the weapons were manufactured and distributed. That Matasareanu and Phillips decided to engage in new and independent willful actions which brought them squarely within the exception set forth in Civil Code section 1714.9, and increased the risks to police officers at the scene, cannot have any impact on respondent's culpability.
DISPOSITION
The judgment is affirmed.
CERTIFIED FOR PUBLICATION
We concur: VOGEL (C.S.), P.J. HASTINGS, J.
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