Salinas v. Atchison, Topeka & Santa Fe Railway Co.
Opinion
Opinion
Vartabedian, J.
Plaintiff appeals from a judgment of dismissal for failure to bring his action to trial within five years of commencement. (Code Civ. Proc., § 583.310.) Based upon the totality of the circumstances and factors to be discussed, we affirm.
Factual and Procedural Background
On the morning of January 31, 1984, plaintiff Ramon Salinas, Jr., was driving a 1978 Chevrolet Camaro eastbound on Poplar Avenue in Kern County. As he crossed the railroad tracks which intersected with Poplar Avenue, the right rear portion of his vehicle was struck by a freight train, rendering him a paraplegic.
On October 18, 1984, plaintiff filed a complaint for personal injuries and damages against Atchison, Topeka and Santa Fe Railway Company (hereafter Santa Fe), Southern Pacific Transportation Company (hereafter Southern Pacific), State of California (hereafter State), and County of Kern (hereafter County). The complaint primarily alleged that the defendants’ negligence caused the accident in question.
Santa Fe filed its answer to the complaint on December 5, 1984; County answered on December 12, 1984; Southern Pacific answered on June 10, 1986. Plaintiff gave State an open extension of time to…