Jimenez

I.

INTRODUCTION

Gabriel Jimenez (Gabriel), a minor, was struck by a motor vehicle and severely

injured as he was standing on the side of the highway behind a disabled vehicle in which

he had been travelling. Moments before the accident, California Highway Patrol Officer

J. V. Shelter made contact with Gabriel and told Gabriel that he was going to check on

another vehicle that was parked on the shoulder approximately 15 feet in front of

Gabriel's vehicle, and that he would be right back.

Gabriel, his mother Maria, and sister Lilia (collectively appellants), sued Officer

Shelter and the California Highway Patrol (respondents). In their first amended

complaint, each appellant alleged a separate cause of action for negligence against

respondents.1 Respondents moved for summary judgment on the ground that Officer

Shelter did not owe appellants a legal duty of care. In the alternative, respondents sought

summary judgment on the ground that they were immune from liability pursuant to

Government Code sections 820.2, 820.25 and 815.2, subdivision (b).

Maria and Lilia's claims were styled as claims for negligent infliction of emotional distress.

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