Does section 845.8 of the California Vehicle Code provide immunity from liability in a motor vehicle accident?

California, United States of America


The following excerpt is from Ladd v. County of San Mateo, 12 Cal.4th 913, 50 Cal.Rptr.2d 309, 911 P.2d 496 (Cal. 1996):

Citing our decision in Thomas v. City of Richmond, supra, 9 Cal.4th 1154, 40 Cal.Rptr.2d 442, 892 P.2d 1185, plaintiff further argues that section 845.8 does not provide immunity in the present case, because defendants are liable under Vehicle Code section 17001, which provides: "A public entity is liable for death or injury to person or property proximately caused by a negligent or wrongful act or omission in the operation of any motor vehicle by an employee of the public entity acting within the scope of his employment." Contrary to plaintiff's argument, the provisions of Vehicle Code section 17001 do not apply in the present case.

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