Hussey

Defendant and cross-complainant, Lewis Avenue Parent Teachers’ Association (hereinafter called “the PTA”) appeals from an order dismissing its sixth amended cross-complaint for failure to amend further after a general demurrer was sustained. The cross-complaint sought a declaration that if the PTA is held liable for the personal injuries of plaintiff Barbara Obenshain that liability should be indemnified by the PTA’s codefendants. We hold that the dismissal was error.

Plaintiff’s complaint alleges: (1) Atascadero Business Men’s Association, Atascadero School District, the PTA (cross-complainant and appellant here) and other defendants invited the general public to a fair conducted by the defendants; (2) after paying an admission fee to enter the “Spook House,” one of the concessions at the fair, plaintiff suffered injuries in descending a chute or slide which was used in the entertainment; (3) defendants knew the chute was negligently constructed, and defendants and their agents used excessive force in propelling plaintiff into the device. The PTA’s answer admits only that it was a “sponsor” of the fair and that plaintiff was injured while using the slide.

The PTA…