Billester

Billester v. City of Corona

Good Law
1994 Cal. App. LEXIS 730·26 Cal. App. 4th 1107·32 Cal. Rptr. 2d 121·94 Daily Journal DAR 9958·94 Cal. Daily Op. Serv. 5450
Court of Appeal of CaliforniaJuly 13, 1994E011320California7,421 words

Opinion

Opinion

Dabney, J.

— On June 1, 1991, Jason Billester, then 13 years old, was injured when the vehicle in which he was a passenger was broadsided by a vehicle driven by a juvenile suspected of vehicle theft fleeing from a Corona police officer. The officer had pursued the juvenile through a red traffic signal and a stop sign. The juvenile was travelling at 55 to 65 miles an hour when the collision occurred at a third controlled intersection.

Jason and his parents (collectively referred to as plaintiffs) sued the City of Corona and the Corona Police Department (sometimes collectively referred to as Corona) and other parties not involved in this appeal for personal injuries and medical expenses. The trial court granted Corona’s motion for summary judgment. In doing so, the court concluded that Corona was immune from suit because the Corona Police Department’s vehicular pursuit policy (hereafter, the pursuit policy) *complied with Vehicle Code section 17004.7. , Judgment was entered in favor of Corona.

On appeal, plaintiffs contend the pursuit policy does not meet the minimum standards of section 17004.7 so as to confer immunity on Corona. Specifically, plaintiffs contend the pursuit policy…

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