Rivera
Rivera v. Southern Pacific Transportation Co.
Opinion
Opinion
Stein, J.
Oscar Rivera filed against Southern Pacific Railroad and related parties (hereafter Southern Pacific) a complaint for compensatory damages. The complaint alleged that Rivera suffered permanent and disabling injuries when he fell from a train in Southern Pacific’s railroad yard located in Yuma, Arizona.
Southern Pacific moved for summary judgment on the grounds that the action was precluded by California Civil Code section 1714.7, the so-called “train hopping statute.” The superior court granted the motion and ordered summary judgment entered. Rivera appeals from the order entering summary judgment.
Appeal From Order for Entry of Summary Judgment
An order granting a motion for summary judgment is not an appeal-able order. Where, as here, judgment has in fact been entered, this court is empowered to honor the appeal as one taken from the judgment itself. (Crookham v. Smith (1977) 68 Cal.App.3d 773, 775, fn. 1 [ 137 Cal.Rptr. 428 ]; Artucovich v. Arizmendiz (1967) 256 Cal.App.2d 130 [ 63 Cal.Rptr. 810 ].) We shall do so.
Facts
The relevant facts are taken from Rivera’s deposition. Rivera and others were in the habit of traveling from Yuma, Arizona to Los Angeles by…