Nayeli C. v. State of California
Robert Nolen,[1]a teenaged driver with law enforcement ambitions, pursued an intoxicated driver, Albert Doggett, westbound through Yucca and Morongo Valleys at high speeds. When Doggett crossed into the opposing traffic lanes, he hit an oncoming eastbound vehicle occupied by Jose C. and Esmeralda C. and their two children. The parents were killed. Two-year-old Nayeli was seriously injured. Nayeli and her brother, Joseph, appeal from the trial courts order granting summary judgment in favor of the County of San Bernardino and the State of California.
Plaintiffs predicate defendants liability on plaintiffs theory that the 911 dispatchers instructed and encouraged Nolen to chase Doggett. We affirm the trial courts order and judgment based on several alternative grounds. In addition, Court find immunity for defendants based on Health and Safety Code section 1799.107: Absent a showing of bad faith or gross negligence, defendants are immune under Health and Safety Code section 1799.107 [section 1799.107] for the acts or omissions of the 911 emergency dispatchers in their employ. (Eastburn v. Regional Fire Protection Authority (2003) 31 Cal.4th 1175, 1185.) Court affirm the judgment.
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