Singleton v. Bonnesen

FINLEY, J. pro tem.

*

This is an appeal by plaintiffs from a judgment in favor of defendants County of Glenn, a political subdivision of the State of California, and Lyle Sale, individually and as an employee of the County of Glenn. Judgment was entered by the trial court after the demurrer by these defendants to plaintiffs’ second amended complaint had been sustained and plaintiffs failed to amend.

Plaintiffs are the surviving heirs and dependents of Hal A. Singleton, deceased, who was sheriff of Glenn County and who met his death in an automobile collision while riding in a county owned automobile driven at the time by defendant Lyle Sale, a deputy sheriff under Singleton.

The first amended complaint contains three causes of action, one on behalf of each plaintiff. In each cause of action it is alleged that Hal A. Singleton was the sheriff of Glenn County and that he was riding as a passenger in an automobile owned by Glenn County which was being negligently driven and operated by Lyle Sale, undersheriff of Glenn County ; that as a result of said negligence there was a collision causing the death of Hal A. Singleton, and that at the time thereof, “Hal Singleton and Lyle Sale were both acting within the scope of their employment as employees, servants, agents, and representatives of the county of Glenn, state of California.” There is no mention made in the complaint

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of Workmen’s Compensation insurance or the State Employees’ Retirement System.

Respondents’ demurrer so far as we are concerned with it here is on the general ground that the complaint does not state facts sufficient to constitute a cause of action against the demurring defendants Lyle Sale and Glenn County.

The trial court sustained this demurrer on the ground that an action based upon the negligence of the decedent’s co-employee, the respondent Sale, would not lie against either him or their common employer, respondent Glenn County, since appellants’ exclusive remedy, if any, was under the Workmen’s Compensation Act.

Under the provisions of section 3351b of the Labor Code Hal Singleton as sheriff of Glenn County was an “employee” of said county. Also a deputy appointed by a sheriff is an employee of the county.