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LOSTRITTO v. SOUTHERN PAC. TRANSPORTATION CO.

Docket Nos. 37728, 38388.

73 Cal.App.3d 737 (1977)

140 Cal. Rptr. 905

ROBERT GERALD LOSTRITTO, Plaintiff and Appellant, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY, Defendant and Appellant. ROBERT GERALD LOSTRITTO, Petitioner, v. THE SUPERIOR COURT OF SANTA CRUZ COUNTY, Respondent; SOUTHERN PACIFIC TRANSPORTATION COMPANY, Real Party in Interest.

Court of Appeals of California, First District, Division Three.

September 28, 1977.

Attorney(s) appearing for the Case

COUNSEL

Boccardo, Blum, Lull, Niland & Bell, Boccardo, Blum, Lull, Niland, Teerlink & Bell and Edward J. Niland for Plaintiff and Appellant and for Petitioner.

Morris & Polich, Landon Morris, Wyckoff & Miller and Stephen Wyckoff for Defendant and Appellant and for Real Party in Interest.

No appearance for Respondent.

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...

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