An interesting case arose recently in the state of California regarding the definition of a “pursuit.” In the case, a motorcyclist collided into the driver side door of the deputy’s patrol car when the deputy opened it to exit the car to make contact with the motorist he had stopped for a traffic violation. The motorcyclist filed a lawsuit against the deputy sheriff relying on §22517 of the Vehicle Code that provides, “No person shall open the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of such traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.”
The sheriff’s deputy moved for summary judgment based on the theory that he was immune from liability based on Vehicle Code §17004.