Tapia v. State of California
Rafael Tapia and others (appellants) appeal from a judgment entered after the trial court granted the summary judgment motion of respondent State of California (State), on appellants second amended complaint.[1] The matter arose out of a fatal traffic accident in which a wrong-way driver collided head-on with a vehicle carrying appellants decedents. Appellants contend the court erred in granting summary judgment, arguing that: (1) California Highway Patrol officers voluntarily assumed a protective duty and increased the risk of harm after observing the wrong-way driver; (2) the immunity of Vehicle Code section 17004.7 did not apply because the incident did not involve a vehicular pursuit within the meaning of the statute; and (3) the court erred in sustaining the States objections to the declarations of appellants expert witnesses. Court affirm the judgment.
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