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California
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Torts-Negligence-Duty
(Munoz v. City of Union City)
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Tort Negligence Duty Public Entities Liability Legal Duty
(Munoz v. City of Union City)

IV.

Liability of Woodward

A. Woodward’s Duty of Care

Union City and Woodward argue they cannot be held liable for negligence in Lucilla’s shooting because, as a matter of law, they had no legal duty of care toward Lucilla. “Public entities are . . . liable for the negligent acts or omissions of their employees acting within the scope of their employment except where either the employee or the public entity is immunized from liability by statute. (§ 815.2.) . . . Where a legal duty is not created by statute, the question of whether a legal duty exists is analyzed under general principles of tort law. (See, e.g., Brenneman v. State of California (1989) 208 Cal.App.3d 812, 818 . . . .)” (Adams, supra, 68 Cal.App.4th at p. 264, fn. omitted.)

Munoz v. City of Union City A0958467/23/04

Jul 23 2004

A095846
[PDF] [DOC]

Munoz v. City of Union City 7/23/04 CA1/2

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