Ussery v. County of Stanislaus CA5
Appellant, Kerry Scott Ussery, a retired Modesto police officer, challenges the judgment entered in favor of respondent, County of Stanislaus (County), following a court trial on appellant’s personal injury action. Appellant’s complaint alleges the County is liable for injuries he sustained during a pursuit intervention technique (PIT) training session that is required for Modesto police officers. According to appellant, although the vehicles used for the PIT training belonged to the Modesto Police Department (MPD), the County is liable for their dangerous condition because the County had the right to control the PIT vehicles.
The trial court found that the evidence “unwaiveringly [sic]” pointed to the County’s lack of control of the property alleged to be dangerous, i.e., one or more PIT vehicles. Accordingly, the trial court ruled in the County’s favor on the ground that appellant did not meet his burden of proving the County owned or controlled the property at iss
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