Goodson v. Perfect Fit Enterprises, Inc.

Opinion

FUKUTO, J.

This appeal concerns the application of Civil Code section 3333.4 (section 3333.4), which precludes recovery of nonpecuniary damages on account of motor vehicle accidents with respect to which the injured person was an uninsured or intoxicated driver, or the owner of an uninsured vehicle involved in the accident. The trial court ruled that this limitation applied to a wrongful death case brought by a widower whose spouse had been killed in an accident involving their vehicle, for which they did not carry insurance, but which was being driven by their daughter-in-law, who was…