Silveira

Imperial Irrigation District (District) appeals the judgments awarding Debra Lynn Dantice $157,000 and Vera Ann Silveira $315,400 in wrongful death actions.

Dantice and Silveira were killed when the extended boom of the hayloader Dantice was using contacted a high voltage wire maintained by the District. The hay being loaded was owned by William Young who had stacked it underneath the wires. Silveira had been warned in writing of the danger. The law forbids operation of a hayloader within six feet of a high voltage line (Pen. Code, § 385, subd. (b)) and requires a sign on the vehicle to that effect (Pen. Code, § 385, subd. (c)). The hayloader had no sign. Dantice, Silveira, Young and the District were all found negligent. Applying comparative negligence the jury found Dantice was 55 percent negligent; Silveira 17 percent. There was no apportionment of the negligence of the defendants, they being held jointly and severally liable. The District argues comparative contribution applies.

In American Motorcycle Assn. v. Superior Court, 20 Cal.3d 578 [146. Cal.Rptr. 182, 578 P.2d 899 ] the court rejected the doctrine of comparative contribution but adopted the equitable…