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HORWICH v. SUPERIOR COURT

No. S073129.

87 Cal.Rptr.2d 222 (1999)

980 P.2d 927

21 Cal.4th 272

Benjamin R. HORWICH, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent; Edward Acuna et al., Real Parties in Interest.

Supreme Court of California.

August 9, 1999.

Attorney(s) appearing for the Case

Horvitz & Levy, Barry R. Levy, Sandra J. Smith, Jon B. Eisenberg, Encino; Barry Bartholomew & Associates and Larry P. Bilbrew, Glendale, for Petitioner.

Carroll, Burdick & McDonough, David M. Rice, Timothy C. Smith, San Francisco; Mayer, Brown & Piatt, Alan Untereiner, Washington, DC, and Kathryn Schaefer, Los Angeles, for Mercedes-Benz of North America, Inc., as Amicus Curiae on behalf of Petitioner.

No appearance for Respondent.

Law Offices of M. Scott Radovich and M. Scott Radovich, San Luis Obispo, for Real Parties in Interest.

Remcho, Johansen & Purcell, Robin B. Johansen, Joseph Remcho, Kathleen J. Purcell, James C. Harrison, San Francisco; and Gina M. Calabrese for Congress of the California Seniors, the Latino Issues Forum, the Greenlining Institute, the Utility Consumer Action Network, the Consumer Attorneys of California and the Proposition 103 Enforcement Project as Amici Curiae on behalf of Real Parties in Interest.

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 part 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...

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