Case Summary

5031 Proposition 213, codified at Civil Code §3333.4, prevents the owner or operator of an uninsured vehicle from recovering non-economic damages in an action against a fast food business for injuries sustained when hot coffee passed to her at the drive-through window spilled and burned her; the uninsured vehicle was involved in the accident as required by the statute.

CHUDE v JACK IN THE BOX, INC (Car and Hot Coffee) 185 CA4 37 [See CCP 333.4; Horwich v Superior Court, 21 C4 272, T/AT 10/1999; Harris v Lammers, 84 CA4 1072; Gibbs v State Farm Mutual Automobile Ins Co, 746 So.2d 685 (La)]