Montes

This matter presents the novel issue of whether Civil Code section 3333.4, enacted by the voters as part of Proposition 213, prohibits recovery by an employee of noneconomic damages for injuries he received while driving his employer’s uninsured motor vehicle. Plaintiff and appellant Louis Montes (appellant) appeals from a judgment in his favor against defendant and respondent (respondent) Thomas Gibbens. Appellant contends that the trial court erred in ruling that Civil Code section 3333.4 applied to his case, thus denying him $69,411.07 in noneconomic damages.

Factual and Procedural Background

The stipulations

The matter was tried on the following facts contained in two stipulations. On January 3, 1996, appellant and respondent were involved in a traffic collision. Respondent was entirely at fault. Appellant was driving his employer’s motor vehicle while in the course and scope of his employment. His employer carried no liability insurance on the vehicle. At the time, appellant did not own an operable motor vehicle and did not have an “operator’s policy” providing him coverage for driving a nonowned vehicle pursuant to Vehicle Code section 16452. As a result of the…