Camp v. State of California, published May 18, 2010, holds that a CHP officer could not be held liable in negligence for the alleged exacerbation of a passenger’s injuries in an auto accident. The plaintiff was one of four persons -- all intoxicated, according to the opinion -- in a car that the driver drove off the road. When the CHP arrived, the plaintiff was lying on the ground near the car, having somehow exited. The investigating officer repeatedly asked her if she was injured and whether she wanted an ambulance. She answered both questions no. A friend arrived to transport the four persons. Witnesses testified that the officer ordered the four to leave the scene. One of the other passengers picked the plaintiff up to move her. The plaintiff had sustained spinal cord injuries in the accident, and was left a paraplegic. A jury found the CHP officer partially liable for the injuries.
The appellate court reversed the judgment and ordered judgment be entered for the officer and the state. The officer did not enter into a special relationship with the plaintiff by investigating the scene, or by asking her about her injuries. The officer had no duty to inquire further into her condition, or to force her to seek medical attention. The officer did not increase the danger to her, or induce false reliance in her. The officer’s common-sense order that the four leave the scene (instead of spending the night drunk in the field) did not cause the plaintiff’s injury.
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