Stuart

Opinion by Judge GOODWIN.

Paul Stuart appeals from a judgment for the United States in his action for damages under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346 (b) and 2671 et seq.

Plaintiff and his minor son, Nicholas Stuart, were injured, and his wife died, in an automobile colHsion in Temecula, California, when a Hyundai fleeing from U.S. Border Patrol agents crashed into the Stuart’s auto *1485 mobile. After a bench trial, the court applied California Vehicle Code § 17004.7(b), which immunizes municipal governments from liability in police chase cases. The court found the United States immune from liability for the plaintiffs injuries, and dismissed the action. Stuart v. United States, 797 F.Supp. 800, 804 (C.D.Cal.1992).

As an alternative ground for granting judgment for the United States, the district court found that the border patrol agents had not been negligent in pursuing a suspected illegal alien smuggler. Id. Stuart appeals from the judgment, assigning error to both rulings, as well as to other occurrences during the trial. We reverse the district court’s primary holding on the immunity question. However, we affirm the court’s alternative holding, and…