Greyhound Lines, Inc. v. Department of California Highway Patrol

This case arises out of an early morning collision between a Greyhound bus and a disabled sport-utility vehicle (SUV) on State Route 99 (SR 99). The SUV had been involved in a one-vehicle accident approximately three minutes earlier and had come to rest on its side blocking at least one lane. The bus collision resulted in the deaths of three bus passengers and the three occupants of the SUV.

In the aftermath of this collision, appellant, Greyhound Lines, Inc. (Greyhound), was sued for damages based on its alleged negligence. In response, Greyhound cross-complained against various cross-defendants including respondent, Department of the California Highway Patrol (CHP). Greyhound alleged that CHP was negligent in that, upon being alerted to the first accident by passing motorists, the CHP 911 operator failed to enter the code for lane blockage and thus the CHP response was unnecessarily delayed.

The trial court sustained CHP’s demurrer without leave to amend and dismissed Greyhound’s cross-complaint as against CHP. Greyhound argues the trial court erred because CHP owed a duty of care to the bus passengers based on the 911 operator’s assurances to the 911 callers that CHP…