In Varshock v. California Department of Forestry and Fire Protection, published April 20, 2011, the Fourth District Court of Appeal, Division One, interpreted the interplay between an immunity statute (Government Code section 850.4) and a statutory exception to that immunity (Vehicle Code section 17001). While traveling to the plaintiff's and decedent's property during the Harris Ranch Fire, the defendant's fire engine struck the ATV in which the plaintiff and decedent rode, disabling the ATV. The firefighters allowed the plaintiff and decedent to ride in the engine. At the scene of the fire, the engine was overrun by flames and broke down. The decedent was unable to exit the engine and passed away. The decedent's family sued the firefighters for negligence and wrongful death.
Government Code section 850.4 immunizes public entities and employees from liability for fighting fires, subject to Vehicle Code section 17001. Section 17001 prescribes that public entities are liable for death or injury caused by negligent operation of a motor vehicle by an employee of the entity. If the statutes were interpreted according to their plain language, the court noted, firefighters would not be immune for any firefighting activity involving their fire engines. That result would frustrate the statute's purpose, and allow an exception to swallow an immunity. The court therefore interpreted the section 17001 exception to apply only when the fire engine is moving from another place to the scene of the fire. Once the fire engine is at the scene, the section 850.4 immunity applies to negligent operation of the fire engine. Under that interpretation, and the undisputed facts, the court concluded that the firefighters were entitled to summary judgment.