Gibson

Plaintiff appeals from ap order of dismissal following the granting of defendant’s demurrer giving plaintiff 30 days to amend. For the reasons set forth below, we reverse the order of dismissal.

Statement of Facts

There is no dispute as to the material facts.

Plaintiff, as administrator of decedent’s estate filed a wrongful death action against the City of Pasadena. The facts giving rise to this action are as follows:

At approximately 11:30 p.m., on April 1, 1976, two Pasadena police officers were on patrol in a Pasadena police car equipped with red lights and siren. While eastbound on Colorado Boulevard, they observed a 1964 automobile driven by Keith Brian Spratling heading westbound' on Colorado Boulevard run a red traffic signal then in operation. The officers made a U-tum and pursued the aforesaid vehicle. Another police car joined in the pursuit in which Spratling’s vehicle was moving in excess of 100 miles per hour.

The pursuit culminated when Spratling’s vehicle crashed into decedent’s vehicle causing it to run into a third vehicle. At the time of impact the closest police vehicle was approximately 300 feet behind Spratling.

Issues Presented

On appeal,…