Alcala

Alcala v. CITY OF CORCORAN

Good Law
147 Cal. App. 4th 666·2007 Cal. App. LEXIS 168·2007 Daily Journal DAR 1692·53 Cal. Rptr. 3d 908·2007 Cal. Daily Op. Serv. 1361
Court of Appeal of CaliforniaFebruary 5, 2007F049383California4,392 words

Opinion

Opinion

Wiseman, J.

Tragically, Jose Jesus Alcala died one year after being hit by a vehicle driven by Corcoran police officers who were engaged in a high-speed pursuit of a murder suspect. We conclude that the trial court properly denied the motion for judgment on the pleadings, which was brought by Mr. Alcala’s family. In doing so, we conclude that the City of Corcoran and the Corcoran Police Department are entitled to immunity under Vehicle Code section 17004.7, which grants immunity to public entities and agencies that have adopted a written policy governing vehicular pursuits.

PROCEDURAL HISTORY

This is an appeal from a final judgment entered in favor of respondents City of Corcoran (city) and Corcoran Police Department (department) (collectively Corcoran) in a personal injury and wrongful death action brought by appellants Rosa Maria Alcala, Claudia Solis, Alejandra Cabrera, Jose J. Alcala, Monica Martinez, Adrian Alcala, and Laura Cabrera (collectively Alcala). Their decedent, Jose Jesus Alcala, was injured severely in an accident resulting from a high-speed pursuit of a murder suspect initiated by Corcoran police officers. He ultimately died of his injuries approximately one year…

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