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CHUDE v. JACK IN THE BOX INC.

No. B212874.

185 Cal.App.4th 37 (2010)

109 Cal. Rptr. 3d 773

TECKLA CHUDE, Plaintiff and Appellant, v. JACK IN THE BOX INC., Defendant and Respondent.

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

May 21, 2010.

Attorney(s) appearing for the Case

Law Offices of Martin D. Gross and Martin D. Gross for Plaintiff and Appellant.

Law Offices of Charles Peterson, Charles Peterson and Richard G. Berg for Defendant and Respondent.

OPINION

ALDRICH, J.—

INTRODUCTION

Plaintiff, Teckla Chude, an uninsured driver, suffered second-degree burns when she spilled the coffee she had just purchased at the drive-through window of defendant Jack in the Box Inc. (JIB). Her negligence action was resolved after the trial court granted JIB's motion for summary adjudication of Chude's claim for noneconomic damages. The court relied on Proposition 213, Civil Code section...

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