Petersen

Petersen v. City of Vallejo

Good Law
1968 Cal. App. LEXIS 2020·259 Cal. App. 2d 757·66 Cal. Rptr. 776
Court of Appeal of CaliforniaMarch 4, 1968Civ. 24114California10,229 words

Opinion

Opinion

Sims, J.

Plaintiffs, the surviving widow of Alma A. Petersen, who seeks to recover damages for her own injuries, for the wrongful death of her husband and for loss of her car, and the surviving adult daughter, who, individually and as administratrix, seeks to recover damages for the wrongful death of her father, have appealed from judgments entered in favor of the defendants City of Vallejo and State of California, following an order of the court which granted the City’s motion for summary judgment and the State’s motions for summary judgment, and for dismissal and to preclude evidence.

The action arises out of an automobile collision which occurred on March 19, 1961. In addition to the City and the State, the driver of another vehicle, the County of Solano, and named and fictitious defendants who allegedly worked on the street were joined as defendants. It is asserted with respect to the City and the State that the street at the scene of the accident was maintained in a dangerous condition. This appeal involves a review of the contention of both the City and the State that the daughter failed to file a timely claim either individually or as administratrix, the City’s further contention…

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