California Appellate Tracker

Quigley v. Garden Valley Fire Protection Dist.

April 26, 2017

Under Government Code 850.4, a governmental entity was immune from liability for injuries the firefighter-plaintiff incurred when a truck ran over her while she was sleeping in a temporary firefighting base camp, as the injuries resulted from the condition of firefighting facilities.

Gov. Code 850.4 grants governmental entities immunity from injuries resulting from the condition of firefighting equipment or facilities and from injuries caused by fighting fires. This decision holds that the “condition” of firefighting equipment or facilities means any condition of that equipment or facilities, not just conditions relating to its firefighting ability. So the claims of the firefighter-plaintiff were properly dismissed. She was injured while sleeping in a temporary firefighting base camp when she was run over by a truck that didn’t see her. The condition of the base camp allegedly caused the injury, but as the base camp was a firefighting facility, at least temporarily, the government entity defendants were immune from liability.

California Court of Appeal, Third District (Butz, Acting P.J.); April 19, 2017; 2017 WL 1399720

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Quigley v. Garden Valley Fire Protection Dist.

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