Segal

This is an appeal from a judgment denying a petition, filed pursuant to section 946.6 of the Government Code, seeking relief from a one-day delay in filing a claim for damages with a public authority. For the reasons set forth below, we reverse the judgment.

The accident involved occurred on October 12, 1968; the formal claim was filed with defendant on January 21, 1969, which was the 101st day.

On Saturday, October 12, 1968, plaintiff, age 78, and her sister were passengers in a bus owned by defendant. The bus stopped suddenly, plaintiff was injured, and two days later plaintiff notified the defendant of her injuries. On Tuesday an insurance adjuster came and offered plaintiff $50. The adjuster did not mention a need to file a written claim.

Plaintiff began treatment with her family physician, and on November 1, 1968, plaintiff entered the hospital for two weeks. On January 11, 1969, the 93d day into the 100-day claim period, an attorney interviewed plaintiff. The attorney for plaintiff claims that he erroneously believed that the filing of the claim occurred within the 100-day period, having incorrectly computed the period from October 12th, the date of the accident,…