Morez

Introduction

This is an appeal by plaintiffs from a judgment in favor of defendant William G. Morez, as special administrator of the estate of Percy Thornton, deceased, in a personal injury and wrongful death action arising out of a motor vehicle accident.

The Case

On June 13, 1970, a vehicle, owned and operated by Percy Thornton and in which Nellie Cummings, Lois Campbell and Eller Smith were riding, struck a guardrail and ran practically head-on into a bridge abutment, killing the driver Thornton and occupants Campbell and Smith and injuring Cummings.

On June 11, 1971, Nellie Cummings and the heirs of Lois Campbell and Eller Smith filed a “Complaint for Wrongful Death and Personal Injuries” in the Superior Court of Santa Barbara County naming as defendants William G. Morez, as special administrator of the estate of Percy Thornton, deceased, who owned and operated the vehicle at the time of the accident. Also named as a defendant was Mid-Century Insurance Company, as a real party in interest, who it was alleged insured the deceased Thornton. Following the sustaining of a demurrer by defendant Mid-Century Insurance Company on the grounds of misjoinder of parties…