Lostritto v. Southern Pacific Transportation Co.

Opinion

DEVINE, J. *

On May 28, 1972, plaintiff minor, then 16 years old, dived from a trestle owned by Southern Pacific Transportation Company into the San Lorenzo River, a stream whose depth fluctuates with the tides of the ocean into which it flows. His neck was broken; he is quadriplegic. He had dived 30 to 40 times from the trestle during the 3-day period before the accident. This action charges negligence and willful misconduct against Southern Pacific. The jury gave answers to interrogatories against defendant on these charges and rendered a general verdict for plaintiff in the amount of…