Horwich v. Superior Court

Opinion

BROWN, J.

In this case, we must determine whether Civil Code section 3333.4 (all unspecified statutory references are to the Civil Code), enacted as *275part of Proposition 213, precludes a wrongful death plaintiff whose decedent was the uninsured operator of a motor vehicle involved in an accident from recovering damages for loss of care, comfort, and society. We conclude recovery is permissible and therefore affirm the judgment of the Court of Appeal.

Factual and Procedural Background

Melissa Acuna was killed in an automobile accident; she did not have personal automobile insurance or any…