Chude v. Jack in the Box Inc.

Opinion

ALDRICH, J.

INTRODUCTION

Plaintiff, Teckla Chude, an uninsured driver, suffered second-degree bums when she spilled the coffee she had just purchased at the drive-through window of defendant Jack in the Box Inc. (JIB). Her negligence action was resolved after the trial court granted JIB’s motion for summary adjudication of Chude’s claim for noneconomic damages. The court relied on Proposition 213, Civil Code section 3333.4, 1 which bars uninsured motorists and convicted drunk drivers from recovering noneconomic damages in certain cases. At issue in Chude’s appeal is whether section…