Teckla Chude v. Jack in the Box Inc., 2010 DJDAR 7966 (May 27, 2010).
Plaintiff, uninsured driver suffered burns when she spilled coffee she had just purchased at a drive through window of defendant’s facility. Her negligence action was resolved after the trial court granted the defendant’s motion for summary of adjudication of the plaintiff’s claim for non-economic damages. The court relied on Proposition 213, Civil Code section 3333.4 which bars uninsured motorists and convicted drunk drivers from recovering non-economic damages in certain cases. At issue in the plaintiff’s appeal was whether section 3333.4 precludes the plaintiff from recovering an award of non-economic damages. The appeals court affirmed the trial court’s judgment holding that this code section did bar a claim for non-economic damages.