GARCIA v. SUPERIOR COURT

No. B186981.

39 Cal.Rptr.3d 902 (2006)

137 Cal.App.4th 342

Juan F. GARCIA, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent; Robert Weinberger et al., Real Parties in Interest.

Court of Appeals of California, Second District, Division Four.

March 3, 2006.


Attorney(s) appearing for the Case

Lawrence C. Cruz, for Petitioner.

No appearance for Respondent.

Wesierski & Zurek, Paul J. Lipman and Ronald Zurek, Irvine, for Real Parties in Interest Robert Weinberger, Weinberger Construction Company, Jorge Orosco and Walter Moran.

Kinkle, Rodiger & Spriggs, Scott B. Spriggs, Riverside, and William S. Fitch, for Real Party in Interest Gilberto Molina.


EPSTEIN, P.J.

A self-propelled piece of machinery fell off a dump truck while in the process of being transported as freight from one place to another. The owner, who was operating the device, was injured. We conclude that Proposition 213 (Civ.Code, § 3333.4) does not limit the owner's right to compensation for noneconomic damages.

FACTUAL AND PROCEDURAL SUMMARY

The underlying facts are essentially undisputed, although there are sharp differences...

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