Galvis

Galvis v. Petito

Good Law
13 Cal. App. 4th 551·16 Cal. Rptr. 2d 560·1993 Cal. App. LEXIS 122·93 Daily Journal DAR 1929·58 Cal. Comp. Cases 75
Court of Appeal of CaliforniaFebruary 9, 1993B061157California5,414 words

Opinion

Opinion

Klein, J.

Plaintiffs and appellants Gregory Galvis (Galvis), Angelica Lopez (Lopez), and Maria Torres (Torres) (collectively, plaintiffs) appeal from a judgment in favor of defendant and respondent Orlando Petito (Petito) based on the grant of the latter’s motion for summary judgment.

Because we conclude Petito is liable to plaintiffs under Vehicle Code section 17150 as the owner of a vehicle which was negligently operated by a permissive user who himself was immune from liability pursuant to the Workers’ Compensation Act (WC Act), we reverse the judgment.

Summary Statement

Under section 17150 a vehicle owner is liable to a person injured through the negligent operation of such vehicle by a permissive user. The amount of liability is limited to $15,000 for one person or $30,000 for more than one person in any one accident. (§ 17151.) Liability is the owner’s alone and is not dependent on the liability or status of the operator.

Because the owner’s liability is not “based upon principles of comparative fault” (Civ. Code, § 1431.2, subd. (a)), but merely on status as an owner, the owner’s liability is not limited to economic damages but, instead, encompasses both economic and…

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