Tammen

Plaintiffs, the widow and minor child of Dr. Tammen, appeal from an order denying their petition to file a late claim against defendant for wrongful death.

Facts: On February 17, 1963, Dr. Tammen’s automobile struck two horses that had strayed onto State Highway 78 in San Diego County. He died the following day. Within two weeks Mrs. Tammen consulted her attorneys concerning probating Dr. Tammen’s estate.

At various times insurance adjusters representing the owner of the horses talked with Mrs. Tammen, but not until July 1963 did one of the adjusters suggest to her that she might also have a claim against the City of Oceanside. She then discussed that point with her attorneys and left the matter in their hands.

On January 8, 1964, almost 11 months after the accident, plaintiffs presented a $750,000 claim to the San Diego County Board of Supervisors. The claim was based upon the asserted “failure of the San Diego County Road Department and the San Diego County Sheriff’s Department to plan, construct and maintain Vista Way [where the horses were loose] and other nearby roads, so that they would not be in a dangerous and defective condition by being exposed to roaming livestock,…