Terry

Plaintiff Michael Doran Terry collided with a truck during a high-speed, code 3 response to a domestic disturbance. He brought suit against the driver and the owner of the truck for negligence. The trial court granted defendants’ motion for summary judgment on the grounds that the action was barred by assumption of the risk. Since the alleged cause of Terry’s injury was an act of negligence independent of the conduct that necessitated his response, assumption of the risk, in the form of the firefighter’s rule, does not apply. We reverse the judgment.

Factual and Procedural Background

Terry is an officer with the California Highway Patrol (CHP). He was on duty at the intersection of Escalon-Bellota and Farmington Road when he received a call from dispatch about domestic violence. He immediately responded in code 3, which permitted him to use his lights and siren and exceed the posted speed limit by 25 miles per hour.

Terry was traveling westbound on Gawne Road at 80 miles per hour when he came upon defendant Abelino Garcia. Garcia was driving a truck owned by his employer, Manuel Borges. He was pulling an empty cattle trailer and was on his way to pick up a calf.…