Montes v. Gibbens

Opinion

MALLANO, J. *

This matter presents the novel issue of whether Civil Code section 3333.4, 1 enacted by the voters as part of Proposition 213, prohibits recovery by an employee of noneconomic damages for injuries he received while driving his employer’s uninsured motor vehicle. Plaintiff and appellant Louis Montes (appellant) appeals from a judgment in his favor against defendant and respondent (respondent) Thomas Gibbens. Appellant contends that the trial court erred in ruling that Civil Code section 3333.4 applied to his case, thus denying him $69,411.07 in noneconomic damages.

Factual…