Rowland

Marvin Rowland, an inmate in the Sonoma County jail, was being driven from work detail in a county-owned station wagon when the car suddenly lost its right front wheel and abruptly stopped. Rowland was thrown around the car’s interior and sustained injuries to his neck and back. The county denied his claim and Rowland filed suit.

The county moved for summary judgment on the grounds that it is generally immune from liability for injuries to prisoners (see Gov. Code, § 844.6), and plaintiff did not establish the exception to immunity for injuries caused by negligent operation of a vehicle (see Gov. Code, § 844.6, subd. (b); Veh. Code, § 17001). The trial court agreed, ruling that plaintiff failed to produce any evidence of negligent operation or maintenance of the vehicle. The court rejected any proof of negligence under the theory of res ipsa loquitur, concluding that plaintiff failed to show that the vehicle was maintained or serviced by a county employee rather than an independent contractor.

We choose not to address the merits of the appeal because the issue of subject matter jurisdiction is yet to be decided. Excerpts of plaintiff’s declaration submitted with the…