NESTLE v. CITY OF SANTA MONICA

Docket No. L.A. 29940.

6 Cal.3d 920 (1972)

496 P.2d 480

101 Cal. Rptr. 568

IRA NESTLE et al., Plaintiffs and Appellants, v. CITY OF SANTA MONICA, Defendant and Respondent.

Supreme Court of California. In Bank.

April 28, 1972.


Attorney(s) appearing for the Case

COUNSEL

Fadem & Kanner, Michael M. Berger, Jerrold A. Fadem and Gideon Kanner for Plaintiffs and Appellants.

Richard L. Knickerbocker and Christina New, City Attorneys, Brill, Hunt, DeBuys & Burby, MacDonald, Halsted & Laybourne, Mitchell L. Lathrop, and Milnor E. Gleaves for Defendant and Respondent.

Roger Arnebergh, City Attorney (Los Angeles), Milton N. Sherman, Assistant City Attorney, and James H. Pearson and Ronald J. Einbodin, Deputy City Attorneys, as Amici Curiae on behalf of Defendant and Respondent.


OPINION

MOSK, J.

Appellants are 37 of over 700 plaintiffs who brought suit against the City of Santa Monica ("defendant") for injuries alleged to have been suffered by virtue of defendant's operation of the Santa Monica Airport.1 This action vividly demonstrates the difficulties encountered in engrafting traditional common law theories of recovery onto proceedings...

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