Thorn v. City of Glendale

In Thorn v. City of Glendale (1994) 28 Cal. App. 4th 1379, a city fire marshal surreptitiously set business property on fire while conducting an inspection. He was convicted of arson, and the property owner sued the city for vicarious liability and negligent supervision of the fire marshal. The trial court sustained the city's demurrer and dismissed the complaint. The Thorn court upheld the ruling, reasoning that, as to the negligence claim, there was no statutory authority for the claim, the city was immune from liability, and there was no duty owed to plaintiffs because there was no special relationship between the plaintiffs and the city. (Thorn v. City of Glendale, supra, 28 Cal. App. 4th at page 1385.)