Clements
Jackson v. Clements
Opinion
Lead Opinion
This consolidated appeal arises out of two wrongful death actions brought against the County of Sonoma and seven named law enforcement officers of the county. The actions rest on the officers’ alleged negligence in permitting defendants Kenneth Clements and George Buickerood to drive their motor vehicles while under the influence of alcohol and in permitting decedent minor Jacqueline Lagoy to ride with Kenneth. Plaintiffs in the Jackson action are heirs of decedents Kathleen Bogardus and Charles Bogardus, who were killed in an automobile accident with Kenneth. Plaintiffs in the Lagoy action are the parents of Jacqueline, who was killed in the same accident. The general demurrers of the county and the officers to the Jackson and Lagoy complaints were sustained without leave to amend and the complaints were dismissed as to the county and its officers. Plaintiffs appeal.
The Jackson complaint alleges that defendant officers, agents of the county, investigated a party where alcoholic beverages were being served to minors, including defendants Kenneth and George and the minor victim. Based on their observations at the party, the officers knew that the minors were consuming…