Tilley v. Schulte

82 Cal. Rptr. 2d 497, 70 Cal. App. 4th 79
CourtCalifornia Court of Appeal
DecidedFebruary 22, 1999
DocketB114453
StatusPublished
Cited by7 cases

This text of 82 Cal. Rptr. 2d 497 (Tilley v. Schulte) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tilley v. Schulte, 82 Cal. Rptr. 2d 497, 70 Cal. App. 4th 79 (Cal. Ct. App. 1999).

Opinion

82 Cal.Rptr.2d 497 (1999)
70 Cal.App.4th 79

William TILLEY, Plaintiff and Appellant,
v.
Jerome L. SCHULTE, Defendant and Respondent.

No. B114453.

Court of Appeal, Second District, Division Six.

February 22, 1999.
Rehearing Denied March 24, 1999.
Review Denied May 19, 1999.[*]

*498 Eric J. Parkinson, San Luis Obispo, for Plaintiff and Appellant.

Monroy, Weiss, Averbuck & Gyser, Jon F. Monroy; Thelen, Reid & Priest, Glenn Cornell, Curtis A. Cole and Teri L. Vasquez, Los Angeles, for Defendant and Respondent.

GILBERT, Acting P.J.

While responding to a call of shots being fired, a police officer is shot by a man who receives psychiatric care. The police officer sues the man's psychiatrist for negligent care, among other things. Because the risk of being shot while on duty in response to such a call is one the officer assumes under the "firefighter's rule," the psychiatrist may not be held liable to the officer here.

William Tilley appeals from the judgment of the trial court after it granted summary adjudication of issues in favor of respondent, Doctor Jerome L. Schulte. We affirm.

FACTS

In June 1994, Barry Mora (Mora) was shooting his pistol at his home in the City of Atascadero. Someone reported "shots being fired" to the Atascadero Police Department. Officer Tilley was on duty and responded to the call. Officer Tilley thought he heard fireworks coming from the direction of Mora's home. Officer Tilley drove up Mora's driveway to talk with him about the reported shots. Officer Tilley and Mora had had previous friendly encounters.

Tilley began to get out of his car to ask Mora if he had any information regarding shots being fired. Tilley did not notice that Mora held a shotgun by his right side. Mora shot Tilley numerous times with the shotgun, severely injuring him.

Mora had been in psychiatric treatment for his feelings of hostility since early January 1994. Doctor Daniel Gordon, the initial evaluating psychiatrist, provided Mora with a note stating that Mora is homicidal. Mora gave the note to Doctor Schulte, arid he told Doctor Schulte that he had homicidal feelings *499 towards his supervisor at the California Youth Authority.

Doctor Schulte determined that Mora suffered from major depression and anxiety, among other things. Doctor Schulte recognized that Mora felt rage and revenge towards his supervisor, but he failed to obtain any medical history about Mora other than about his allergies and that he had an emergency psychiatric consultation with Doctor Gordon. Doctor Schulte did not contact either Doctor Gordon or Mora's primary care physician, Doctor Scott Greaves.

Doctor Schulte did not ask Mora if he owned a gun or whether he had any means to carry out his homicidal feelings towards the supervisor. Doctor Schulte did not warn Mora's supervisor about Mora's threats, nor did he notify any law enforcement agency about the threats.

Tilley sued Doctor Schulte for negligent treatment of Mora, among other things. Doctor Schulte filed motions for summary adjudication and summary judgment. Doctor Schulte argued that the firefighter's rule barred Tilley's action and that he had no duty to warn Tilley pursuant to Tarasoff v. Regents of University of California (1976) 17 Cal.3d 425, 131 Cal.Rptr. 14, 551 P.2d 334 or Civil Code section 43.92.[1]

The trial court granted the motion for summary adjudication as to Doctor Schulte due to the firefighter's rule. The court denied the motion for summary judgment as to all other causes. The trial court denied Tilley's motions for reconsideration, dismissed the remaining causes pled against Doctor Schulte and entered final judgment as to Doctor Schulte. This appeal ensued from the judgment.

DISCUSSION

"The applicable standard of review of a grant of summary adjudication of issues is the de novo standard." (Ojavan Investors, Inc. v. California Coastal Com. (1997) 54 Cal.App.4th 373, 385, 62 Cal.Rptr.2d 803.) This is the same standard applicable to summary judgments. (See Ann M. v. Pacific Plaza Shopping Center (1993) 6 Cal.4th 666, 673-674, 25 Cal.Rptr.2d 137, 863 P.2d 207.)

"We all have the duty to use due care to avoid injuring others." (Neighbarger v. Irwin Industries, Inc. (1994) 8 Cal.4th 532, 536, 34 Cal.Rptr.2d 630, 882 P.2d 347; Knight v. Jewett (1992) 3 Cal.4th 296, 315, 11 Cal.Rptr.2d 2, 834 P.2d 696.) "The duty ... normally extends to those engaged in hazardous work." (Neighbarger, supra, at p. 536, 34 Cal.Rptr.2d 630, 882 P.2d 347.) Our Supreme Court states that "[w]e have never held that the doctrine of assumption of risk relieves all persons of a duty of care to workers engaged in a hazardous occupation. Nonetheless, a special rule has emerged limiting the duty of care the public owes to firefighters and police officers." (Id., at p. 538, 34 Cal.Rptr.2d 630, 882 P.2d 347.)

As a matter of public policy and fairness, when firefighters and police officers are injured by the very hazard they have been employed to confront, they are generally precluded from recovering in tort damages from private persons. (Calatayud v. State of California (1998) 18 Cal.4th 1057, 1061-1062, 77 Cal.Rptr.2d 202, 959 P.2d 360; Neighbarger v. Irwin Industries, Inc., supra, 8 Cal.4th at pp. 539-540, 34 Cal.Rptr.2d 630, 882 P.2d 347.) The firefighter's rule is based on the public policy that officers injured in the line of duty should be compensated through the public fisc rather than by individual tort recoveries. (Calatayud, supra, at p. 1062, 77 Cal.Rptr.2d 202, 959 P.2d 360.) Public safety personnel receive special compensation and dispensations for confronting dangers inherent in their positions. (Id., at pp. 1061-1062, 77 Cal.Rptr.2d 202, 959 P.2d 360.)

The firefighter's rule precludes recovery for injuries suffered as a direct consequence of responding to calls in the line of duty. (Calatayud v. State of California, supra, 18 Cal.4th at p. 1061, 77 Cal.Rptr.2d 202, 959 P.2d 360.) Even the member of the public whose conduct precipitates the intervention of a police officer does not owe a police officer a duty of care regarding the acts causing the officer's intervention. (Neighbarger v. Irwin Industries, Inc., supra, *500 8 Cal.4th at p. 538, 34 Cal.Rptr.2d 630, 882 P.2d 347

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