Bryant

The surviving wife and children of decedent Lester Bryant appeal from an order dismissing their wrongful death action against defendant Brenda Glastetter after the trial court sustained Glastetter’s demurrer without leave to amend. Decedent was a tow truck driver who was struck and killed by a third party as he attempted to remove Glastetter’s car from the side of the freeway. We affirm.

Facts

As they relate to the present appeal the facts of the case are not in dispute. In their complaint plaintiffs alleged that on March 9,1991, defendant Brenda Glastetter was seen by two officers of the California Highway Patrol to be weaving in and out of traffic. The officers followed Glastetter for about five miles then effected a traffic stop on the narrow right shoulder of Interstate 215 as it runs through the City of Riverside. The officers conducted a series of field sobriety tests and placed Glastetter under arrest for driving under the influence of alcohol. The officers then called upon decedent to tow away Glastetter’s vehicle.

Decedent arrived at the scene and was working to remove Glastetter’s vehicle when he was struck and killed by a vehicle driven by Philip David…