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GARCIA v. STATE OF CALIFORNIA

Docket No. 645.

247 Cal.App.2d 814 (1967)

56 Cal. Rptr. 80

MARGARET GARCIA et al., Plaintiffs and Appellants, v. STATE OF CALIFORNIA et al., Defendants and Respondents.

Court of Appeals of California, Fifth District.

January 18, 1967.

Attorney(s) appearing for the Case

Elmer P. Delany, Henry E. Bianchi, Neri Ramos and Van H. Pinney for Plaintiffs and Appellants.

Thomas C. Lynch, Attorney General, William A. Shank, Assistant Attorney General, Norman B. Peek and Charles R. Kocher, Deputy Attorneys General, for Defendants and Respondents.

William W. Dennin and Herman F. Selvin as Amici Curiae on behalf of Defendants and Respondents.

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...

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