In Duarte v. City of San Jose (1979) 100 Cal.App.3d 648, a summary judgment in favor of the city was reversed in a holding that even though Government Code section 845.8 immunized the city and police officers who left an arrested drunk driver in their police car with the keys in it and the motor running, with the "surprising" result that the drunk drove away in the police car with the officers in hot pursuit until the inevitable happened -- the drunk driving the police car struck and seriously injured Duarte while he was mowing his front lawn -- nevertheless, the city was liable to Duarte for negligence of its police officers in the operation of a motor vehicle in violation of Vehicle Code section 17001. The court said: "The second approach and the one which we apply in this case, is to consider whether the liabilities imposed by legislation outside the 1963 act serve a purpose that is frustrated by an immunity under the act. If so, Van Alstyne suggests, and we agree, that it is reasonable to conclude that the statutory liabilities must prevail." ( Id., at p. 656.)