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VANDER LIND v. SUPERIOR COURT

Docket No. 30269.

146 Cal.App.3d 358 (1983)

194 Cal. Rptr. 209

MERWYN R. VANDER LIND et al., Petitioners, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; ATCHISON, TOPEKA AND SANTA FE RAILWAY SYSTEM et al., Real Parties in Interest.

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

August 22, 1983.

Attorney(s) appearing for the Case

COUNSEL

Lillick, McHose & Charles, Daniel C. Minteer and Lawrence W. Kaye for Petitioners.

No appearance for Respondent.

Thomas I. McKnew, Jr., Howard P. Brody and John H. Ernster for Real Parties in Interest.

OPINION

TROTTER, P.J.

In this original proceeding petitioners ask us to conclude Public Utilities Code section 2106 authorizes an award of exemplary damages to parents whose minor daughter was struck and killed by real parties' speeding train. We decline.

FACTS

Fifteen-year-old Marcia Vander Lind was crossing the railroad tracks in the North Beach area of the City of San Clemente on December 11, 1980, when she was...

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