Anaya

We hold that the demurrer of Ralph Rodriguez Diaz, Gabriel Eudalgo Lara, and Robert Wayne Everton to the complaint of Genoveva Anaya and Alfredo Vides should have been overruled.

Anaya and Vides allege that their 11-year-old daughter, Norma Vides, was with them when their car collided with a Los Angeles city trash truck that was stopped in the number 2 lane of a road. Injured in the crash, Norma was airlifted by city helicopter; the helicopter crashed and Norma died. Anaya and Vides sued the City of Los Angeles and the individual drivers of the trash truck, Ralph Diaz and Gabriel Lara, for, inter alia, wrongful death. They also named Robert Everton, but the complaint does not set forth any facts as to Everton.

The city and individual defendants Diaz, Lara, and Everton demurred. Respondent court overruled the city’s demurrer, but sustained the demurrer of the individual defendants on the basis that Nonna’s death was not foreseeable.

Discussion

An actor may be liable if the actor’s negligence is a substantial factor in causing an injury, and the actor is not relieved of liability because of the intervening act of a third person if such act was reasonably foreseeable at…