McElroy

Plaintiffs Michael McElroy and Gary Nelson, officers with the City of Orange Police Department (OPD), appeal from a summary judgment entered in favor of defendants the State of California and California Highway Patrol (CHP) Officers Brent Pembleton and Aaron D’Aoust. The CHP officers collided with plaintiffs’ unmarked police car after joining an ongoing pursuit in the City of Orange.

Prior to the accident, defendants were returning to their station when they “noticed several marked police vehicles traveling ‘Code 3’ . . .in front of them.” Defendants followed the police cars and attempted to make radio contact with the OPD dispatcher to find out the nature of the chase. Plaintiffs filed suit alleging negligence; they sought damages for injuries sustained in the accident. Defendants moved for summary judgment contending they were immune from liability under the “firefighter’s rule” as construed in Calatayud v. State of California (1998) 18 Cal.4th 1057 [ 77 Cal.Rptr.2d 202 , 959 P.2d 360 ] (Calatayud). In their deposition testimony, defendants stated they observed plaintiffs’ unmarked car approaching an intersection; as defendants approached the intersection, they…