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3494 REVIEW DENIED Under an exception to the firefighter's rule, a defendant who negligently or intentionally injured a police officer with knowledge of the officer's presence may be liable for the officer's injuries, and the defendant's employer may be vicariously liable under the doctrine of respondeat superior if the employee was in the scope of employment; the fact that a restaurant cook was working in the kitchen when he assaulted a police officer who had been called to quell an altercation raised a question of fact about whether the cook was acting in the scope of employment.
YAMAGUCHI v HARNSMUT (Angry Cook) 106 CA4 472 [See: CivC 1714.9; Calatayud v State 18 C4 1057, T/AT 9/98; Farmers v County 11 C4 992, T/AT 1/96; Lisa M v Mayo 12 C4 291, T/AT 1/96]
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