Vallas

On December 10, 1971, Larry K. Vallas filed a complaint for personal injuries and damages against Lon Napier, a Chula Vista police officer, and the City of Chula Vista. The complaint was later amended and he went to trial on causes of action based on negligence in handling of a gun by Napier and negligence in the training or instructing of Officer Napier by the city. The defenses offered by Napier and the city included contributory negligence and assumption of risk. A jury verdict was returned in favor of the defendants and Valias appeals.

Valias borrowed $750 from Willie Wansa and evidenced his promise to repay the amount of the loan by executing postdated checks in the amount of the agreed installment. Valias suffered financial reverses and was unable to cover the checks when presented for payment. Wansa made additional demands and Valias was anxious to tell Wansa the checks would be paid off in several weeks.

Valias tried to telephone Wansa at the Torrey Pines Golf Course and was told Wansa had gone to the San Diego Country Club in Chula Vista to watch a women’s golf tournament. Valias drove there, parked his car and set off to search for Wansa whom he later…