California, United States of America
The following excerpt is from Rose v. County of Pulmas, 152 Cal.App.3d 999, 199 Cal.Rptr. 842 (Cal. App. 1984):
We find the recent decision in Williams v. State of California (1983) 34 Cal.3d 18, 192 Cal.Rptr. 233, 664 P.2d 137 dispositive. There, plaintiff was seriously injured when a piece of heated brake drum from a passing truck was propelled through the windshield of the automobile in which she was riding, striking her in the face. She sued the state, alleging negligence in the form of nonfeasance--failure of the highway patrol officers who investigated the accident to examine the brake drum part to determine if it was still hot, to identify other witnesses at the scene of the accident, or to attempt any investigation or pursuit of the owner or operator of the truck whose brake pad broke and caused plaintiff's injuries. Plaintiff alleged that the failure to properly investigate the accident destroyed her opportunity to obtain compensation from the unidentified person who injured her.
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