Drummond

Statement of the Case

Appellant, Douglas L. Drummond, was severely injured in a swimming accident June 3, 1984, when he was 22 years old. In his complaint, appellant alleges that respondents, Fresno County and Kings County, are responsible for his injuries. However, a claim against respondents was not filed within 100 days of the accident as required by Government Code section 911.2.

Appellant applied to respondents for leave to file a late claim under section 911.4 on February 15, 1985. Fresno County denied the application. Kings County did not respond to the application; thus, it was denied by operation of law. (§911.6, subd. (c).)

Appellant petitioned the superior court for an order relieving him from the claim filing requirements as authorized by section 946.6. The court concluded that appellant had shown that he was mentally and physically disabled during the entire 100-day period to an extent sufficient to constitute excusable neglect under section 946.6, subdivision (c)(1) and that he was also physically and mentally disabled during this period within the meaning of section 946.6, subdivision (c)(3). But the court then found appellant had not proved that his…