Majors

These cases deal with the same basic facts and they were consolidated on appeal by order of this court.

During his lifetime James W. Majors filed the first action for damages against Richard Johansen and the latter’s employer, the County of Merced. After his death, the appellant herein, Caronell Majors, as administratrix of the estate of James W. Majors, deceased, was denied the right on motion to substitute herself as plaintiff and to file an amended complaint. Thereafter, Caronell Majors as such administratrix filed the second action in which she sought damages on behalf of the estate of the decedent arising out of his loss of wages and medical expenses and on behalf of his heirs for his wrongful death. In this second case the court sustained a demurrer to the amended complaint without leave to amend, granted a motion for summary judgment and dismissed the action.

Referring to the first case, James W. Majors filed suit against Richard Johansen and the County of Merced for damages for personal injuries which had occurred on June 10, 1958, when the plaintiff claimed that he was the victim of an assault and battery by Johansen, an employee of Merced County. The altercation arose…