Weaver v. State of California

Weaver v. State of California (1998) 63 Cal.App.4th 188, rejected arguments that section 17004.7 did not apply to a passenger injured when a pursuing California Highway Patrol officer stopped the fleeing vehicle by striking it with his patrol car. "Appellant's assertions that the statutory immunity only applies to collisions that occur during the course of the actual pursuit and to collisions that do not involve any intentional or deliberate acts of the pursuing police officers are not supported by any statutory language . . . ." (Id. at p. 200.) "There is no express statutory requirement that the pursuit by the peace officer be conducted in a particular manner or have a particular type of cause and effect relationship with the collision; the statute requires that the plaintiff's injuries result from the 'collision of a vehicle being operated by an actual or suspected violator of the law who is being, has been, or believes he or she is being or has been, pursued by a peace officer . . . .' " (Ibid.)