KETCGUM

KETCGUM v. State of California

Good Law
1998 Cal. App. LEXIS 275·62 Cal. App. 4th 957·73 Cal. Rptr. 2d 152·98 Daily Journal DAR 3258·98 Cal. Daily Op. Serv. 2398
Court of Appeal of CaliforniaMarch 31, 1998C026528California4,660 words

Opinion

Opinion

Morrison, J.

Plaintiffs, daughters of the deceased, brought a wrongful death action against the State of California (the State); their mother died from injuries she received after being struck by a car that was being pursued by the California Highway Patrol (CHP). The trial court granted the State’s motion for summary judgment on the basis that the State had immunity under Vehicle Code section 17004.7 (section 17004.7). Plaintiffs appeal from the ensuing judgment, contending section 17004.7 violates due process; the CHP has not validly adopted a pursuit policy pursuant to section 17004.7 because the policy was signed by the deputy commissioner rather than the Commissioner of the CHP; and the policy fails to comply with subdivision (c) of section 17004.7. We affirm.

Background

Plaintiffs brought suit against the State, the County of Sacramento (the County), and Duane Victor Hall. They alleged their mother, Norma Mick, was involved in an accident at the intersection of Fair Oaks Boulevard and Madison Avenue in the County. Mick’s car was struck by a car driven by Hall. She died from her injuries. Hall was being pursued by officers from the CHP and the County Sheriff’s Department. The…

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