Monty's Civil Summary: 9-25-20

California Case Summaries
by Monty A. McIntyre, Esq.

CALIFORNIA COURTS OF APPEAL

Torts

Koussaya v. City of Stockton (2020) _ Cal.App. 5th _ , 2020 WL 5626796: The Court of Appeal affirmed the trial court's order granting defendants' motions for summary judgment in a case alleging assault and battery, negligence and intentional infliction of emotional distress arising from plaintiff's[1] serious injuries suffered after she jumped from a moving Ford Explorer driven by bank robbers being chased and shot at by police officers. The Court of Appeal ruled that the trial court had abused its discretion in excluding evidence contained a report by the Police Foundation regarding the incident, and also misapplied the Government Claims Act (Gov. Code, § 810 et seq.) to improperly limit the scope of plaintiff's allowable claims based upon the tort claim filed by plaintiff. However, even taking into account the improperly excluded evidence and properly viewing the factual basis of plaintiff's claims against the officer defendants and the City, the Court of Appeal concluded that based on the totality of circumstances surrounding the shootings, each officer defendant was entitled to judgment as a matter of law because they reasonably used deadly force. (C.A. 3rd, September 21, 2020.)  

[1] Plaintiff was one of the three hostages taken by the bank robbers.

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