Lewis v. County of Sacramento

In Lewis v. County of Sacramento (2001) 93 Cal.App.4th 107, the court found section 17004.7 applied when the pursuing police car struck the decedent after he either jumped or fell off a fleeing motorcycle as it crashed to the ground. "We conclude the Legislature intended that immunity applies if the decedent's fatal injuries resulted from his jumping off or falling off the motorcycle when the driver lost control and it hit the ground or began to hit the ground, and then the decedent was struck by the pursuing patrol car. . . . If the motorcycle went down onto the street, i.e., crashed, this would constitute a 'collision' of the motorcycle with the ground within the common meaning of that word. And if the decedent jumped off or fell off the motorcycle as it began to crash, certainly it must be said that this 'resulted' from the collision, i.e., his jumping off or falling off 'arose as a consequence, effect' of the collision. For the same reason, if the pursuing patrol car then struck and killed the decedent when he jumped off or fell off as the motorcycle crashed in the path of the patrol car, it must be said that the decedent's death resulted from the collision of the motorcycle with the ground." (Lewis, at pp. 120-121.) Lewis noted, "the critical question is whether the plaintiff's injuries resulted from the collision of a vehicle being operated by a fleeing suspect." (Lewis v. County of Sacramento, supra, 93 Cal.App.4th at p. 128.)