Sorensen

The City of Redlands (City) appeals from a summary judgment in favor of defendants.

De Vaul Bridges, Jr., who was employed by the City as a police officer, filed a third party tort action against defendants for injuries he suffered in the course and scope of his employment. City filed an action for recoupment of the workers’ compensation benefits it provided Bridges which was consolidated with plaintiff Bridges’ third party action. (Lab. Code, § 3852.) The trial court granted summary judgment on the ground the fireman’s rule barred Bridges’ action and that the City’s action, being wholly derivative of Bridges’ action, was therefore also barred. City appeals, contending that Bridges’ right of action is not barred by the fireman’s rule and that summary judgment was improperly granted.

Facts

De Vaul Bridges, Jr., was working as a police officer for the City on January 9, 1982. On that date he heard a police radio announcement that the California Highway Patrol was in pursuit of two vehicles, one of which was probably stolen, and that the two vehicles were coming into the City of Redlands.

Although not legally compelled to, Officer Bridges responded to the call for…