Darlington

Darlington v. Basalt Rock Co., Inc.

Good Law
157 Cal. App. 2d 575·1958 Cal. App. LEXIS 2277·321 P.2d 490
Court of Appeal of CaliforniaFebruary 14, 1958Civ. 9083California2,571 words

Opinion

Opinion

Peek, J.

Plaintiff appeals from a denial of his motion to set aside an order approving the compromise of a minor’s claim for damages pursuant to the provisions of Probate Code, section 1431.

At a time when he was a minor of 17 years of age, plaintiff suffered serious injuries as the result of a collision between a car in which he was riding and a truck owned and operated by the defendant Basalt Bock Company and driven by one of its employees. Thereafter Mr. Ghidella of the law firm of King and Ghidella, on behalf of plaintiff’s father, filed a petition for approval of the compromise previously agreed to by the father and the defendant’s insurance carrier. The petition alleged in part that while plaintiff was riding as a guest in an automobile owned by B. Connors and operated by his daughter, Susan Connors, that vehicle collided with defendant’s truck and plaintiff sustained injuries of a permanent nature, i.e., fracture of the right arm requiring amputation thereof, arterial anastomosis, fracture of the right foot and severe shock; that defendant offered to compromise the claim; and that petitioner was advised and considered this sum a fair and just compromise under the circumstances.

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