Smith v. Parks Manor

Introduction

Intervener Allianz Insurance Company appeals from an order dismissing its complaint in intervention after the trial court sustained without leave to amend defendant County of Los Angeles’s demurrer to its complaint in intervention.

Statement of Facts

On March 31, 1979, plaintiff Robert Lewis Smith was struck and injured by an automobile. At the time, plaintiff was a minor and a resident of defendant Parks Manor, a home for developmentally disabled persons. On August 10, 1979, plaintiff filed a complaint through his guardian ad litem, joined by his mother, Laura Smith, alleging his negligent supervision by defendants Parks Manor and Don Stinson. On the date of plaintiff Robert Smith’s injury, defendant Parks Manor was insured by intervener. Consequently, intervener undertook the defense of the action, causing defendants to file a notice of intention to commence action against health care provider on December 30, 1980. In addition, at intervener’s behest, defendants filed cross-complaints for apportionment of fault, Parks Manor on September 28, 1981, and Don Stinson on August 2, 1982, seeking comparative and equitable indemnity from cross-defendant County of…