Jacobson

California State Automobile Ass'n v. Jacobson

Good Law
101 Cal. Rptr. 366·1972 Cal. App. LEXIS 1171·24 Cal. App. 3d 850
Court of Appeal of CaliforniaApril 12, 1972Civ. No. 29346California790 words

Opinion

Lead Opinion

Draper, J.

This appeal raises an issue not previously determined in this state—whether a stepfather can maintain an action for damages for the wrongful death of his stepdaughter.

The only record here is the judgment roll, but appellant’s brief makes a statement of facts in which respondent concurs. Geraldine Gehrt was bom in 1923. Her father died in 1936, and later that year her mother married appellant, who never adopted Geraldine. For some years, she lived with her mother and stepfather. The latter provided her care and-support, and put her through nursing school. About 1957, Geraldine, who never married, left the family residence and lived by herself. Her mother died in 1966. In December 1967, she drove, with the owner’s consent, an automobile owned by Nevada Ware. That car collided with one driven by an uninsured motorist and Geraldine died as a result of the injuries she sustained. There is no claim that she left a will. Ware was insured by plaintiff-respondent under a policy which provided uninsured motorist coverage (Ins. Code, § 11580.2). Defendant stepfather was. appointed special administrator of Geraldine’s estate, and as such brought an action for wrongful death against…

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