Champion

These consolidated cases arise out of the tragic death of Michael Champion (Michael) and the emotional injury of plaintiff and appellant Mark Dodd, a passenger in Michael’s car. Michael was murdered by Johnaton George, a prisoner who had escaped from a county van in which he was being transported. Plaintiff and appellant Pamela Champion (Pamela), Michael’s widow, and Dodd separately filed suit against defendants and respondents County of San Diego (County) and certain county employees (collectively the county defendants) as well as George. The trial court entered judgment for the county defendants after sustaining demurrers to the complaints without leave to amend.

The primary question presented on appeal is whether Vehicle Code section 17001, which makes a public entity liable for the death or injury of a person proximately caused by an employee’s negligent operation of a motor vehicle, defeats Government Code section 845.8, subdivision (b) immunity provided to public entities and public employees for injury caused by an escaped or escaping prisoner. If both sections apply, Government Code section 845.8 does not provide immunity to public entities. (Thomas v. City of…