Greyhound Lines v. 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, 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 was on the way. According to Greyhound, the CHP operator lulled the callers into a false sense of security and dissuaded them from rendering further assistance.
The trial court’s ruling was correct. Law enforcement personnel, including CHP officers, have no duty to come to the aid of another unless a special relationship exists between the injured party and the officers. Such a special relationship arises if an officer’s affirmative act creates the peril, or contributes to, increases, or changes the risk that otherwise exists. Here, no special relationship existed between CHP and the injured bus passengers. Accordingly, the judgment will be affirmed.
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