Clemente v. State of California

Opinion

BROUSSARD, J.

This case presents a unique cause of action as well as a somewhat complicated procedural history. Plaintiff Jose Clemente was severely injured when he was struck by a motorcycle while attempting to cross a street. The motorcyclist was never apprehended. Clemente brought suit against the State of California and Highway Patrol Officer Arthur Loxsom, alleging that Loxsom was negligent in failing to ascertain the identity of the motorcyclist.

After the trial court sustained defendants’ demurrer to the complaint, the Court of Appeal reversed and remanded, holding that plaintiff…