Duarte

Plaintiff Edward Duarte appeals from summary judgment in favor of defendants City of San Jose and three San Jose police officers, Christopher Green, Richard Daulton, and Victor Cardozo.

In this case we must determine whether a public entity may be held liable pursuant to Vehicle Code section 17001 for injury caused by a public employee’s negligent operation of a motor vehicle, notwithstanding Government Code section 845.8, subdivision (b), which immunizes public entities and employees from liability for injury caused by an escaping arrested person. We must also determine whether a police officer’s duty to operate his police vehicle with due care encompasses a duty to third persons such as plaintiff not to leave that vehicle unattended under circumstances which invite theft and flight.

On April 25, 1975, Officer Green stopped a vehicle for speeding and concluded that its driver was intoxicated. After conducting sobriety tests, he arrested that driver, Ernest Villalovos, for drunk driving. He handcuffed Villalovos and placed him in the rear of his police car. Villalovos complained that the cuffs were painful. As Villalovos had been cooperative, and appeared “all but…