Garcia v. State of California

STONE, J.

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 pursuant to an order sustaining a demurrer without leave to amend a reviewing court must accept as true the allegations of the complaint, narrows the controversy to the single question whether the heirs of a deceased prisoner can, under the circumstances, bring a wrongful death action against a public entity. Government Code section 844.6, governing the liability of a public entity for injuries to prisoners, provides, in pertinent part:

“(a) Notwithstanding any other provisions of law, except as provided in subdivisions (b), (e), and (d) of this section, a public entity is not liable for:

“(1) An injury proximately caused by any prisoner.

“ (2) An injury to any prisoner.

“ (b) Nothing in this section affects the liability of a public entity under Article 1 (commencing with Section 17000) of Chapter 1 of Division 9 of the Vehicle Code.

“ (c) Nothing in this section prevents a person, other than a prisoner, from recovering from the public entity for an injury resulting from the dangerous condition of public prop

[816]

erty under Chapter 2 (commencing with Section 830) o£ this part. ’ ’

Since the foregoing language clearly precludes a prisoner’s right to recover from a public entity for injuries to himself, the question is further narrowed to whether the widow and minor children of Santiago, as “a person other than a prisoner," may, under subdivision (c), bring a wrongful death action predicated upon the dangerous condition of public property.