Burglars can’t recover from their driver for injuries suffered in crash while chased by police

by Stephen on July 14, 2010

Good one, eh? Espinosa v. Kirkwood. Apparently Kirkwood wasn’t a very good getaway driver…he hit two cars when the police were chasing him, and injured his passengers who were escaping the scene of a burglary. They sued him. California Civil Code section 3333.3, which resulted from the passage of Proposition 213, says a person may not recover any damages in a lawsuit based on negligence if his or her injuries were “in any way proximately caused by the plaintiff’s commission of any felony, or immediate flight therefrom, and the plaintiff has been duly convicted of that felony.” Held: the statute applied to prohibit the burglars’ recovery of damages from their getaway driver.

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