Jones v. Kaiser Industries Corp‪.‬

[43 Cal3d Page 554] On June 6, 1976, David Jones (decedent), a police officer employed by the City of Fremont, was killed in an automobile accident while on duty, when a car driven by Terence Reubel crashed into his patrol car. Decedent's wife and two sons (plaintiffs) sued the city in an action for wrongful death, claiming that the city had created and maintained a dangerous condition at the intersection where the accident occurred. We must decide whether such an action will lie, or whether plaintiffs are prohibited from suing the city for damages because decedent was an employee entitled to recover workers' compensation benefits at the time of the injury which led to his death.