Flournoy v. State of California

The State of California, the Department of Public Works, and the Division of Highways were joined with other defendants in an action brought by the husband and children of a woman killed in an automobile accident.

A general demurrer was sustained to plaintiffs’ complaint, and they have appealed from the ensuing judgment of dismissal which was entered on September 22, 1960.

During the pendency of the appeal Muskopf v. Corning Hospital Dist., 55 Cal.2d 211 [11 Cal.Rptr. 89, 359 P.2d 457], was decided. It held that the doctrine of governmental immunity could no longer be used to shield an entity…