Garcia v. State of California

The widow and surviving minor children of Santiago Garcia, appellants in this wrongful death action, allege that Santiago, while an inmate of the state prison at Tehachapi, died of injuries caused by collapse of a weight suspension rack furnished by the prison for training and rehabilitation activities. The complaint also alleges that collapse of the equipment resulted from negligent maintenance by the state.

Respondents demurred upon the ground the complaint failed to state facts sufficient to constitute a cause of action.

The well established rule that upon an appeal from a judgment entered…