UNINSURED MOTORIST CANNOT RECOVER
NON-ECONOMIC DAMAGES AGAINST PRIVATE ENTITY
KROUGH V. REYNOLDS PACKING
A state court of appeal has held that Proposition 213 prohibiting uninsured motorists from recovering non-economic damages in a liability action applies to actions against private entities as well as public entities.
In Krough v. Reynolds Packing, Inc. (01 CDOS 7586), a motorcyclist struck a truck that had entered an intersection and was badly injured. Neither the motorcyclist nor the truck driver saw each other because of two large semi-trailers parked on the side of the road near the intersection. The motorcyclist sued the operators of the semi-trailers for his injuries. Because the motorcyclist did not have uninsured motorist coverage, the court held that pursuant to Civil Code section 3333.4, otherwise known as Proposition 213, the uninsured motorist could not recover any non-economic damages from the operators of the semi-trailers.
The state Supreme Court had held that the section 3333.4 prohibitions applied to lawsuits by uninsured motorists against public entities. The court of appeal held that there was no reason why section 3333.4 should not also apply to actions against private entities responsible for dangerous conditions on private property. The court noted that section 3333.4 did not distinguish between actions against public entities and those against private entities.
In upholding the constitutionality of section 3333.4, the court held that it will defer to the collective judgment of the people who enact statutes that do not distinguish persons on the basis of suspect classifications or touch on fundamental rights, and where distinguishing those who violate the law by driving without insurance from those who comply with their legal financial responsibilities, is rationally related to the public policy of promoting the use of auto insurance.
