Espinosa

Plaintiffs, Michael Espinosa and Angel Vertiz, participated in a burglary along with defendant Kenneth L. Kirkwood, Jr., and fled in a car driven by Kirkwood. While trying to evade the police, Kirkwood collided with two other vehicles during a car chase, causing injuries to both passengers. Plaintiffs sued Kirkwood for damages for their personal injuries, but the trial court granted defendant’s motion for summary judgment, dismissing the action as barred by Civil Code section 3333.3, which prohibits recovery of damages if the plaintiff’s injuries were in any way proximately caused by the plaintiff’s commission of any felony or immediate flight therefrom.

Plaintiffs appealed the dismissal on the ground that there is a triable issue of fact as to whether or not plaintiffs’ injuries were caused by the flight from felonious conduct. Because plaintiffs were passengers, they were “using” the motor vehicle during the flight from their commission of a felony. We affirm.

BACKGROUND

On June 17, 2007, plaintiffs and defendant attempted a residential burglary. They left the scene of the crime in a car driven by defendant Kirkwood. They were spotted by police and a car chase…