Wallace

Plaintiff Lula Wallace (plaintiff) appeals from a judgment of nonsuit entered in her action against defendants the City of Los Angeles (the City) and Detective Donald Richards (Detective Richards). Detective Richards is a member of the City’s police department. The sole cause of action alleged against defendants was for the negligent wrongful death of plaintiffs 18-year-old daughter, Demetria Wallace (Demetria). Demetria was shot and killed days before she was to give testimony as a witness for the prosecution at a preliminary hearing in a murder case. In granting the defendants’ motion for nonsuit, the trial court ruled that defendants had no duty to protect Demetria in any manner after Demetria agreed to be a prosecution witness.

This is a conclusion which we firmly reject. Based on the evidence produced at trial, we find that defendants did owe Demetria a duty of care in their relationship with her. We further find that defendants have no governmental immunity from liability to plaintiff. Therefore the judgment of nonsuit must be reversed.

Procedural Background

Plaintiff filed this action on January 2, 1985. Jury trial commenced July 3, 1989. After the completion of…