Frost

Plaintiff Marcella M. Frost is the widow and plaintiffs Linda Frost and Diana Frost are the minor children of Albert T. Frost who died on November 6, 1960, as the result of an accident that occurred on the same date when he was driving a truck with trailer owned by plaintiff Tidewater Oil Company.

Plaintiffs’ claim so far as this appeal is concerned is that the accident and resultant death were directly and proximately caused by a dangerous and defective condition of a state highway negligently caused and permitted by defendant State of California (State).

Plaintiffs, on May 26, 1961, filed a verified claim for damages with the California State Board of Control. That claim was rejected on April 5,1962.

Before the claim was rejected; plaintiffs commenced action in the superior court against Four Corners Pipe Company and others without naming State as a defendant or alleging any facts to constitute a cause of action against State.

On November 6, 1963, plaintiffs amended their complaint to include State as a defendant.

The form of the amendment was a restatement of the two original causes of action of the two sets of plaintiffs, to which was added a third cause of action on…