Norwood
Norwood v. Southern California Rapid Transit District
Opinion
Opinion
Hastings, J.
Appellant Linda Norwood appeals from a summary judgment granted in favor of respondent Southern California Rapid Transit District for her failure to comply with the statute of limitations embodied in Government Code section 945.6, subdivision (a)(1) requiring a plaintiff to file a complaint within six months after a claim is rejected.
Appellant’s decedent was injured on December 3, 1980, in which a bus of respondent was involved. He died of the injuries on December 11, 1980. Appellant retained Attorney Richard L. Robins to represent her with respect to decedent’s death and he prepared a claim for damages on her behalf only which was mailed to respondent on or about January 7, 1981. It was received by respondent on January 23, 1981. Respondent rejected the claim in writing, on February 2, 1981, and mailed the notice of the rejection to Attorney Robins on that date.
Appellant was not the sole heir of the decedent. She had three brothers, Charles, Carwell and Johnny Norwood. On January 29, 1981, appellant terminated the employment of Attorney Robins. The law office of Johnny L. Cochran, Jr., was retained to represent her and her brothers in the wrongful death action. This…