Duffy v. City of Oceanside
Apr 01, 1986OUTCOME: Reversed Decision
This appeal involves the tragic murder of plaintiffs' mother by Joseph Larroque, a parolee of the state prison system, and arises out of plaintiffs' attempts to fix financial responsibility for that de ... ath on the State of California (State)--for failing to properly monitor Larroque's parole--and the City of Oceanside (City)--for employing Larroque and failing to warn the victim, also a city employee, of Larroque's dangerous propensities. The trial court concluded neither defendant owed a legal duty to the victim and accordingly sustained respective demurrers without leave to amend. As to the State, the court independently concluded that the immunity provisions of Government Code section 845.8 applied to bar plaintiffs' claim.
