Strong

Strong v. State

Good Law
137 Cal. Rptr. 3d 249·201 Cal. App. 4th 1439·2011 Cal. App. LEXIS 1580
Court of Appeal of CaliforniaNovember 30, 2011No. B225885California8,787 words

Opinion

Lead Opinion

Jackson, J.

INTRODUCTION

Defendant the State of California (the State), acting by and through the Department of the California Highway Patrol (CHP), appeals from a judgment entered in favor of plaintiff Ronald Strong (Strong) following a court trial. The court determined that CHP Officer Christopher Swanberg negligently lost or destroyed the identifying information of the individual involved in an accident during which Strong was injured and that the governmental immunity afforded by Government Code section 821.6 1 did not insulate the State from liability for the officer’s negligence.

On appeal, the State seeks reversal of the judgment on the grounds, among others, that Officer Swanberg did not owe Strong a duty of due care, that California law bars tort-based causes of action for spoliation of evidence, and that the immunity conferred by section 821.6 applies in this case. We reverse the judgment with directions.

FACTS

Around 7:00 p.m. on May 15, 2006, 43-year-old Strong was riding a motorcycle on Encinal Canyon Road in Malibu when the unidentified driver of a second vehicle entered the roadway unsafely, causing a collision with Strong. Strong’s friend, Jack Ribis (Ribis),…

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