Holden

Gary

Plaintiff, GaryD. Holden, appeals from the summary judgment granted to defendant, Joseph E. Chunestudey, in plaintiff’s personal injury action.

The issue on appeal is whether the fireman’s rule, which under Walters v. Sloan (1977) 20 Cal.3d 199 [ 142 Cal.Rptr. 152 , 571 P.2d 609 ] precludes recovery by a policeman for injuries proximately caused by the negligent conduct of someone within the scope of the policeman’s investigational or other duties, extends to willful or wanton misconduct. We so hold.

I

For purposes of this appeal the relevant facts on review of the summary judgment are not in dispute. (Hall v. C & A Navarra Ranch, Inc. (1972) 24 Cal.App.3d 774, 779 [ 101 Cal.Rptr. 249 ].) Plaintiff was employed as a patrolman by the Auburn Police Department. While on duty early on the morning of May 21, 1976, he was called to investigate an accident in which a truck driven by defendant left the freeway and hit a tree, killing defendant’s passenger, and came to rest on the bushy side of a hill. In negotiating the hill near the scene of the accident, plaintiff fell and injured his back and tailbone. Evidence produced on the motion for summary judgment, including…