Brummett v. County of Sacramento

In Brummett v. County of Sacramento (1978) 21 Cal.3d 880, two patrol officers, driving in high speed pursuit of a suspected felon, hit a vehicle in an intersection while traveling in excess of 80 miles per hour (m.p.h.). The injured victim brought an action against both the officers and the County of Sacramento. The court first stated that the individual officers were exempt from liability pursuant to Vehicle Code section 17004, which immunizes a public employee in immediate pursuit of an actual or suspected violator of the law. The court then acknowledged Government Code section 815.2, subdivision (b): "Except as otherwise provided by statute, a public entity is not liable for an injury resulting from an act or omission of an employee of the public entity where the employee is immune from liability." Emphasizing the underscored language, the court held that consistent with section 815.2, subdivision (b), and notwithstanding the officers' immunity, the city could be held liable for the officers' negligence pursuant to Vehicle Code section 17001. The court reversed summary judgment, stating that whether the officers exercised the due care of a reasonable, prudent emergency driver under the circumstances was a question of fact for the jury. ( Brummett, supra, 21 Cal.3d at p. 886.)