Taggart

According to the complaints in the two separate actions which have been consolidated for purposes of this appeal, an automobile driven by the plaintiff Aletha Marilee Taggart collided with that driven by Dolores Eileen Laferriere and occupied by her five children. Apparently, the accident occurred when the plaintiff’s westbound automobile pulled from United States Highway 199 into its intersection with United States Highway 101. As a result of the accident, Mrs. Laferriere was killed and her children injured. Separate actions for wrongful death and personal injuries were brought against the plaintiff herein. Miss Taggart in turn filed claims with the defendant State of California and, following their denial, instituted separate actions for implied indemnity, alleging the state’s negligence in maintaining the highways. Demurrers were sustained by the trial court with leave to amend. After the expiration of plaintiff’s period in which to amend, orders of dismissal were made and judgments entered. Plaintiff has appealed from the judgments.

This appeal is remarkably similar to that considered in General Electric Co. v. State of Cal. ex rel. Dept. Pub. Wks. (1973) 32…