Ramirez

Ramirez v. City of Gardena

Good Law
14 Cal. App. 5th 811·2017 Cal. App. LEXIS 730·221 Cal. Rptr. 3d 897
Court of Appeal of CaliforniaAugust 23, 2017B279873California7,308 words

Opinion

lead Opinion

Lui, J.

*899 *814 Mark Gamar was a passenger in a pickup truck that was the subject of a pursuit by police officers employed by the City of Gardena (the City) on February 15, 2015. Gamar died from injuries he sustained when the truck spun into a street light pole after one of the officers bumped the left rear of the truck with the right front of his vehicle to stop the truck using a maneuver called a "Pursuit Intervention Technique" (PIT). Plaintiff and appellant Irma Ramirez, Gamar's mother, filed a wrongful death suit against the City, claiming that the officer acted negligently and committed battery in conducting the PIT maneuver.

The trial court granted summary judgment in favor of the City, finding that the City was immune from liability for the officer's conduct under Vehicle Code section 17004.7. 1 That statute provides immunity to a "public agency employing peace officers" when the agency adopts and promulgates a policy on vehicular pursuits in compliance with the requirements of the statute. Ramirez argues that (1) the City's vehicular pursuit policy did not comply with section 17004.7 because it did not adequately specify the criteria for employing pursuit intervention tactics,…

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