California, United States of America
The following excerpt is from Stone v. State of California, 106 Cal.App.3d 924, 165 Cal.Rptr. 339 (Cal. App. 1980):
In Mann v. State of California (1977) 70 Cal.App.3d 773, 139 Cal.Rptr. 82, a directed verdict in favor of the state was reversed where a highway patrol officer, after assisting the occupants of two stalled cars on a freeway left the scene without advising those present that he was leaving and without putting out flares or waiting for a tow [106 Cal.App.3d 935] truck to assume a protective position with its amber flashing light. The stranded people were injured by another passing motorist. The state urged discretionary immunity under Government Code section 820.2 and police protection immunity under Government Code section 845. The court held that discretionary immunity did not apply because negligence in the ministerial performance of investigation was beyond the protection of the statutory discretionary immunity, and "(t)his is not the type of failure of police protection that section 845 was intended to immunize." (Id., at p. 778, 139 Cal.Rptr. at p. 85.) Similarly, we say that failure of protection for the public called for at an amusement park such as Cal Expo "is not the type of failure of police protection that section 845 was intended to immunize." (Ibid.)
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