Jiminez

Plaintiff Jennie R. Jiminez appeals from judgment of the Sañta Cruz County Superior Court in favor of defendant.

Question Presented

Decedent was a “prisoner” as that term is used in section 844.6 of the Government Code.

Record

Plaintiffs Jennie R. Jiminez, Linda' Bray, and Jennie R. Jiminez as Guardian ad Litem for Edward Padilla, Angelina Padilla, Andy Padilla, Nicki Padilla, Susan Buckman and Dolores Jiminez filed a complaint in the Santa Cruz County Superior Court against State of California, County of Santa Cruz, and others for damages for the alleged wrongful death of Leo Padilla. Plaintiff Jennie R. Jiminez is the mother of Leo, all the other plaintiffs ate either sisters or brothers of the decedent, whom it is charged drowned in the Merced River through the negligence and carelessness of the defendants. Defendants State of California and County of Santa Cruz answered, denying liability, alleging contributory negligence and assumption of risk and alleging that plaintiffs’ cause of action is barred by certain sections of the Government Code. The personal defendants answered, denying liability and alleging contributory negligence and assumption of risk.

Defendant…