Hucko
Hucko v. City of San Diego
Opinion
Opinion
Wiener, J.
Plaintiff Michael Anthony Hucko appeals from the summary judgment in favor of defendant City of San Diego. We affirm.
Facts
Hucko was driving his motorcycle at least 20 miles per hour in excess of the posted 50-mile-per-hour speed limit when he was stopped by Officer Thomas Hoenes of the San Diego Police Department. Hoenes issued a speeding ticket to Hucko but did not conduct a field sobriety test.
Ten minutes later Hucko was again speeding when he drove off the road, was thrown from his motorcycle and seriously injured. His blood alcohol level was later determined to be .24. Hucko’s complaint seeks recovery for his injuries based on the alleged negligence of Officer Hoenes in failing to recognize signs of intoxication and take steps to prevent Hucko from continuing to drive.
Discussion
It is now well-settled that police officers will not be liable for the unreasonable performance of their duties absent conduct which causes specific potential victims to rely on the police (see, e.g., Mann v. State of California (1977) 70 Cal.App.3d 773 [ 139 Cal.Rptr. 82 ]; Morgan v. County of Yuba (1964) 230 Cal.App.2d 938 [ 41 Cal.Rptr. 508 ]) or otherwise increases the risk of…