O'BRIAN

Plaintiff appeals from a summary judgment for defendant in an action to recover damages resulting from an automobile collision. We affirm.

Defendant stole a van. A police officer, on patrol, who had been advised of the theft, saw the van and notified police headquarters of its then location, that he intended to trail the van, and requested a backup force to assist in making an arrest. The trailing ensued, the officer making no effort to stop the van, until it stopped at a red light. The officer stopped his police car (a black and white patrol car) about 20 feet behind the van. Suddenly, the van backed up at a rate of about 20 miles per hour and hit the patrol car, injuring the officer and damaging the patrol car. The van then speeded up, ran the red light, made a left turn, and left the scene. It was soon stopped by police, and the driver (defendant) arrested. The officer received workers’ compensation as a result of his injuries and the patrol car was repaired. The city sued the defendant driver to recover those expenses. The trial court granted summary judgment for defendant and the city has appealed. We affirm.

The summary judgment was granted on the theory that the…