Aetna Casualty & Surety Co. v. Board of Administration of Public Employees' Retirement System

*768 Opinion

This is an appeal from an order granting disbursement of funds in favor of respondent Henry G. Cole, a retired California Highway Patrolman (hereinafter Cole), and against the appellant, Board of Administration, Public Employees’ Retirement System (hereinafter the System).

On February 22, 1969, an automobile, alleged to have been owned by Curtola, was left on the premises of a restaurant in Vallejo, with the ignition key hidden under some papers on the dashboard.

The vehicle was stolen by Schreindl and Jones. Shortly thereafter, the theft was reported to the California Highway Patrol. There ensued a high speed chase eastbound on Highway 80, involving three CHP vehicles which were attempting to surround the stolen vehicle. Cole was the highway patrol officer driving the vehicle immediately to the left of the stolen vehicle when the stolen vehicle swerved, causing it and Cole’s vehicle to lose control. Cole was injured.

Thereafter, Cole brought an action against a variety of defendants, including Curtola, Schreindl and Jones.

On the first day of trial, Cole settled with Curtola for the sum of $47,500. A release was given by Cole, his employer and workers’…