Wednesday, April 19, 2017

Quigley v. Garden Valley Fire Protection District (Cal. Ct. App. - April 19, 2017)

Nothing from the Ninth Circuit today.  Thus far, from the Court of Appeal, only this depressing story:

Rebecca Quigley is seriously injured when she's part of a firefighting team and is run over by a truck while she's sleeping.  Seriously.  ("The truck crushed plaintiff’s chest, ribs, lungs and left shoulder, and it fractured her back. The accident permanently damaged her heart, lungs, and eyes.")  She sues, but the trial court holds that the defendants are immune, and also that the "firefighter's rule" bars recovery as well.

The Court of Appeal affirms.

Immunity is a funny thing.  (Not "ha-ha" funny.)  Injuries that would get you millions of dollars in compensation if the result of X's conduct get you absolutely nothing if those same acts are performed by Y.

Or, as here, less than nothing.  Since, adding insult to (literal) injury, the Court of Appeal orders Ms. Quigley to pay defendants' costs.