Tilley

GILBERT, Acting P.J.

While responding to a call of shots being fired, a police officer is shot by a man who receives psychiatric care. The police officer sues the man's psychiatrist for negligent care, among other things. Because the risk of being shot while on duty in response to such a call is one the officer assumes under the "firefighter's rule," the psychiatrist may not be held liable to the officer here.

William Tilley appeals from the judgment of the trial court after it granted summary adjudication of issues in favor of respondent, Doctor Jerome L. Schulte. We affirm.

In June 1994, Barry Mora (Mora) was shooting his pistol at his home in the City of Atascadero. Someone reported "shots being fired" to the Atascadero Police Department. Officer Tilley was on duty and responded to the call. Officer Tilley thought he heard fireworks coming from the direction of Mora's home. Officer Tilley drove up Mora's driveway to talk with him about the reported shots. Officer Tilley and Mora had had previous friendly encounters.

Tilley began to get out of his car to ask Mora if he had any information regarding shots being fired. Tilley did not notice that Mora held a shotgun by his…