Ferreira

Ferreira v. County of Glenn

Good Law
1 Cal. Rptr. 585·176 Cal. App. 2d 751·1959 Cal. App. LEXIS 1545
Court of Appeal of CaliforniaDecember 29, 1959Civ. No. 9711California822 words

Opinion

Lead Opinion

Dyke, J.

Appellant Sonia Ferreira, on December 15,1957, received personal injuries when a truck in which she was riding overturned. She brought an action against the county of Glenn, alleging that her injuries had been caused by the dangerous and defective condition of a county road. A demurrer was sustained to her first amended complaint. She declined to amend and judgment was thereafter entered dismissing her action. From that judgment she appeals.

It is alleged that she filed no claim against the county until June 2, 1958. She attempts to excuse her late filing by alleging that at the time of the accident she was 15 years of age; that she had no knowledge or notice of the statute requiring her to file a claim within 90 days after the accident because of her age and her “lack of mental and physical capacity” suffi *752 cient to enable her to know and take cognizance of the statutory requirements; that she had suffered severe injuries, was immediately hospitalized, and underwent open reduction surgery for the reduction of fractures; that she suffered severe and disabling after-effects; that she was confined to the hospital until March 10, 1958, when she returned to her home where she…

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