Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
John A. KNOWLTON, Plaintiff and Appellant, v. PACIFIC SOUTHWEST AIRLINES, INC., et al., Defendants and Respondents.
John Knowlton's employee was killed in the PSA crash on September 25, 1978. Knowlton sued PSA for damages under Civil Code section 49, subdivision (c), which forbids injury to another's servant. The superior court dismissed the suit because Knowlton was not an heir under Code of Civil Procedure section 377. Knowlton appeals the judgment.
Civil Code section 49, subdivision (c), codifies the common law rule allowing the master to recover for the loss of a servant's services while the servant is alive (Fifield Manor v. Finston, 54 Cal.2d 632, 636, 7 Cal.Rptr. 377, 354 P.2d 1073). There is no common law cause of action if the servant dies; the master's right to services ends when the servant dies (Farnon v. Cole, 259 Cal.App.2d 855, 858, 66 Cal.Rptr. 673).
The California Supreme Court has recently recognized the cause of action under Civil Code section 49, subdivision (c), for the loss of a servant's services is “obsolete, archaic” and “outmoded” (Offshore Rental Co. v. Continental Oil Co., 22 Cal.3d 157, 168, 148 Cal.Rptr. 867, 583 P.2d 721).
To bring an action for the wrongful death of another, one must sue under Code of Civil Procedure section 377 (Steed v. Imperial Airlines, 12 Cal.3d 115, 119, 115 Cal.Rptr. 329, 524 P.2d 801). Only that section creates the right of action, and it limits recovery to the heirs of the decedent. Because Knowlton is not an heir under section 377, he has no cause of action for the wrongful death of his employee.
Judgment affirmed.
GERALD BROWN, Presiding Justice.
COLOGNE and Staniforth, JJ., concur.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: Civ. 22551.
Decided: December 11, 1980
Court: Court of Appeal, Fourth District, Division 1, California.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)