CHP Owed No Duty Of Care To Bus Passengers Involved In Highway Collision.

An SUV was in a collision and came to rest on its side blocking at least one lane of SR 99 when a Greyhound bus came upon the scene and another collision occurred, resulting in the deaths of three bus passengers and three SUV occupants. In the litigation which followed, Greyhound cross-complained against the California Highway Patrol (“CHP”), alleging negligence because once the first accident was reported to the CHP, the operator failed to enter the code for lane blockage. The trial court sustained the CHP’s demurrer without leave to amend. The appellate court affirmed, noting the CHP owed no duty of care to the bus passengers. Greyhound Lines, Inc. v. Department of the California Highway Patrol  (Cal. App. Fifth Dist.;  February 14, 2013) (Case No. F063590).