Legal Opinion

Garcia v. Superior Court

California Court of Appeal

Decided March 3, 2006No. B186981PublishedCited by 2 opinions

1Opinion of the Court

Opinion

EPSTEIN, P. J.

A self-propelled piece of machinery fell off a dump truck while in the process of being transported as freight from one place to another. The owner, who was operating the device, was injured. We conclude that Proposition 213 (Civ. Code, § 3333.4) does not limit the owner’s right to compensation for noneconomic damages.

FACTUAL AND PROCEDURAL SUMMARY

The underlying facts are essentially undisputed, although there are sharp differences in the inferences and legal conclusions to be drawn from those facts. Following is a summary of what happened, as described by both sides in…

2Cases cited7 opinions

California Manufacturers Ass'n v. Public Utilities CommissionCalifornia Supreme Court · 1979
Hodges v. Superior CourtCalifornia Supreme Court · 1999
Kane v. HurleyCalifornia Court of Appeal · 1994
Yoshioka v. Superior Court of Los Angeles CountyCalifornia Court of Appeal · 1997
Clemens v. American Warranty Corp.California Court of Appeal · 1987

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3Cited by2 opinions

Sacks v. City of OaklandCalifornia Court of Appeal · 2010
Valentich v. United StatesDistrict Court, E.D. California · 2016