Facts

On Nov. 3, 2015, U.S. Navy pilot William Marshall, IV, was struck by a vehicle driven by defendant Mitchell Kauffman during a high-speed pursuit with Fresno County Police officers.

Plaintiff sued Kauffman, the State of California, and the County of Fresno, along with California Highway Patrol Officers M. Zulim, A. Cannon, D. Saldana, D. Trejo, M. Sill, and W. Vincent.

PLAINTIFF'S CONTENTIONS: On Nov. 3, 2015, CHP was allegedly informed that methamphetamine was being smoked in defendant Kauffman's vehicle. Officers Cannon and Zulim attempted a traffic stop, which led to a high-speed pursuit joined by the other officers. Kauffman allegedly collided with plaintiff's vehicle while he was being pursued by the officers. Plaintiff sustained serious injuries. Plaintiff asserted causes of action for negligence against the state actors.

DEFENDANTS' CONTENTIONS: Defendant denied any liability and filed a demurrer on the causes of action asserted against it for negligence and negligent hiring, retention, supervision, or selection of employees, agents or contractors. Overall, the county asserted immunity.

Injuries

Plaintiff was airlifted to the hospital and sustained injuries including brain injury, paralyzed from the neck down and coma.

Result

Finding the county immune from the lawsuit, the court sustained the county's demurrer without leave to amend.