HODGES v. SUPERIOR COURT

No. S070935.

86 Cal.Rptr.2d 884 (1999)

980 P.2d 433

21 Cal.4th 109

Benjamin HODGES, a Minor, etc., Petitioner, v. The SUPERIOR COURT of Santa Clara County, Respondent; Ford Motor Company, Real Party in Interest.

Supreme Court of California.

August 2, 1999.


Attorney(s) appearing for the Case

Law Offices of David S. Rand, David S. Rand, San Francisco; Law Offices of Ellen Lake and Ellen Lake, Oakland, for Petitioner.

David J. Jung, San Francisco, as Amicus Curiae on behalf of Petitioner.

Bell, McAndrews & Hiltachk, Charles H. Bell, Jr., Thomas W. Hiltachk and James F. Sweeney, Sacramento, for California Insurance Commissioner Chuck Quackenbush as Amicus Curiae on behalf of Petitioner.

Remcho, Johansen & Purcell, Robin B. Johansen, Joseph Remcho, Kathleen J. Purcell and James C. Harrison, San Francisco, for Congress of California Seniors, Consumer Attorneys of California, Latino Issues Forum, Greenlining Institute and Utility Consumer Action Network as Amici Curiae on behalf of Petitioner.

Public Citizen Litigation Group, Brian Wolfman; Law Offices of Eugene N. Rosenberg and Eugene N. Rosenberg, San Francisco, for Public Citizen and the Center for Auto Safety as Amici Curiae on behalf of Petitioner.

Robert Stern and Craig N. Holman for the Center for Governmental Studies as Amicus Curiae on behalf of Petitioner.

No appearance for Respondent.

Dryden, Margoles, Schimaneck, Kelly & Wait, Frank P. Kelly II, San Francisco, H. Grant Law; McGuire, Woods, Battle & Boothe, Grace R. Den Hartog, William H. King, Jr., E. Duncan Getchell, Jr., Joseph K. Reid III, Huntington Beach; Howard, Rice, Nemerovski, Canady, Falk & Rabkin and Jerome B. Falk, San Francisco, for Real Party in Interest.

Mayer, Brown & Platt, Alen E. Untereiner, Kathryn Schaefer; Charles H. Lockwood II; Philllip D. Brady and Andrew D. Koblenz for the American Automobile Manufacturers Association and the Association of International Automobile Manufacturers, Inc., as Amici Curiae on behalf of Real Party in Interest.

Floyd Feeney and Carol S. Bruch, Davis, as Amici Curiae.


MOSK, J.

Petitioner Benjamin Hodges, an uninsured motorist, suffered injuries as the result of a rear-end collision that caused the gas tank of the Ford Mustang he was driving to rupture. He brought a products liability action against real party in interest Ford Motor Company (hereafter Ford), the manufacturer of the car, seeking compensatory and punitive damages.

Civil Code section 3333.4, enacted by the voters in the 1996 General Election as part of Proposition...

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