Davis

This is a wrongful death action stemming from a police shooting during the investigation of a domestic dispute. Plaintiffs appeal from a judgment for defendants following return of the jury’s special verdict finding no negligence. On appeal, plaintiffs contend the court erred in restricting discovery of the personnel files of the officer who fired the fatal shot and a former officer retained by defendants as an expert witness.

Plaintiffs also contend the evidence establishes negligence as a matter of law. We shall affirm.

I

At approximately 8 p.m. on August 24, 1986, plaintiff Alan Davis, the 21-year-old son of decedent Willie Davis, called a “911” operator and reported his parents had been arguing and decedent had gone to the garage where he kept a handgun. The operator communicated this information to three police units which responded to the scene several minutes later.

The first officer to arrive was Edward Rivera, who was flagged down by a group of people across the street from the decedent’s residence. They informed Rivera decedent had been drinking, had chased somebody in the house, and had access to a gun. Rivera observed decedent moving around inside his…