Scozzafava

In Katsaris v. Cook (1986) 180 Cal.App.3d 256 [ 225 Cal.Rptr. 531 ], this court held that section 31103 of the Food and Agricultural Code grants livestock owners a privilege to kill dogs wh ich have trespassed upon property where livestock is confined. On this appeal we consider the related issue of whether section 31103 and like statutes immunize a poultry owner whose employee shoots and wounds a trespassing dog which subsequently bites a veterinary assistant during the course of treatment of the dog’s injuries. We conclude that the poultry owner is immune from liability.

Background and Procedure

The events which gave rise to this litigation are simple and undisputed. Defendant Wilfred Lieb is the owner of a poultry farm situated within the city limits of the city of Novato. He employed Daniel Marrin, who lived on the premises, to tend and protect the poultry. On August 23, 1982, Marrin fired a shotgun at a dog which Marrin discovered on defendant’s farm. The wounded dog returned to its owner, a Ms. Atkisson, who took it to the office of veterinarian Dennis Clifton. Dr. Clifton administered morphine and a tranquilizer preparatory to local surgery. About 20 minutes…