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KROUGH v. REYNOLDS PACKING, INC.

No. C029948.

111 Cal.Rptr.2d 449 (2001)

91 Cal.App.4th 1243

Christian P. KROUGH, Plaintiff and Appellant, v. REYNOLDS PACKING, INC., Defendant and Respondent.

Court of Appeals of California, Third District.

Review Granted December 26, 2001.

Attorney(s) appearing for the Case

James J. Banks, John R. Rueda, Hansen, Boyd, Culhane & Watson, Sacramento, for Plaintiff and Appellant.

Kent B. Seitzinger, Seitzinger & Wilkens, Roseville, for Defendant and Respondent.

KOLKEY, J.

Civil Code section 3333.4 (hereinafter section 3333.4), enacted by the voters in the 1996 general election as a part of Proposition 213, precludes recovery by an uninsured motorist of noneconomic losses in "any action to recover damages arising out of the operation or use of a motor vehicle."1

The trial court in this case concluded that section 3333.4 precluded plaintiff...

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