Legal Opinion
Vander Lind v. Superior Court
California Court of Appeal
Decided August 22, 1983No. Civ. 30269PublishedCited by 1 opinion
1Opinion of the Court
Opinion
TROTTER, P. J.
In this original proceeding petitioners ask us to conclude Public Utilities Code section 2106 authorizes an award of exemplary damages to parents whose minor daughter was struck and killed by real parties’ speeding train. We decline.
Facts
Fifteen-year-old Marcia Vander Lind was crossing the railroad tracks in the North Beach area of the City of San Clemente on December 11, 1980, when she was struck by defendants’ Amtrak train. Death was instantaneous.
Petitioners filed their original action on July 13, 1981, seeking traditional wrongful death damages. When defendants’…
2Cases cited34 opinions
- Tarasoff v. Regents of University of CaliforniaCalifornia Supreme Court · 1976
- Justus v. AtchisonCalifornia Supreme Court · 1977
- Krouse v. GrahamCalifornia Supreme Court · 1977
- Grimshaw v. Ford Motor Co.California Court of Appeal · 1981
- Taylor v. Superior CourtCalifornia Supreme Court · 1979
29 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Andersen v. Pacific BellCalifornia Court of Appeal · 1988