Brumer

Stanley Brumer v. City of Los Angeles

Good Law
1994 Cal. App. LEXIS 441·24 Cal. App. 4th 983·29 Cal. Rptr. 2d 515·94 Daily Journal DAR 5877·94 Cal. Daily Op. Serv. 3151
Court of Appeal of CaliforniaApril 29, 1994B066496California1,539 words

Opinion

Opinion

Klein, J.

Plaintiffs Stanley Brumer and Gloria Miriam Brumer appeal from a summary judgment in their wrongful death action against the City of Los Angeles.

This is a police pursuit case. Toraino Leon Young, a robber fleeing from police, caused a fatal crash with plaintiffs’ decedent, their son Martin Alan Brumer. (See People v. Young (1992) 11 Cal.App.4th 1299 [ 15 Cal.Rptr.2d 30 ].) Plaintiffs sued the two police officers, the city, Young, and the driver and owner of another vehicle struck by Young. The individual defendants are not parties to this appeal.

The city moved for summary judgment based on the statutory immunity for injuries resulting from police pursuits. (Veh. Code, § 17004.7.) The motion was granted and judgment entered in the city’s favor. This appeal followed.

Vehicle Code section 17004.7, which took effect 18 months before the accident, is set out in the margin:

On November 11,1988, Daryl F. Gates, then Chief of Police of the City of Los Angeles, issued special order No. 23, establishing a vehicle pursuit policy of the Los Angeles Police Department.

Appellants contend: (1) the policy does not qualify under the statute unless approved by either the police…

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