Goodson

This appeal concerns the application of Civil Code section 3333.4 (section 3333.4), which precludes recovery of nonpecuniary damages on account of motor vehicle accidents with respect to which the injured person was an uninsured or intoxicated driver, or the owner of an uninsured vehicle involved in the accident. The trial court ruled that this limitation applied to a wrongful death case brought by a widower whose spouse had been killed in an accident involving their vehicle, for which they did not carry insurance, but which was being driven by their daughter-in-law, who was insured. Applying the relevant provisions of California’s Financial Responsibility Laws (Veh. Code, § 16000 et seq.) which define uninsured vehicles for purposes of section 3333.4, we conclude that on these facts plaintiff is not subject to the restrictions of that statute. We therefore reverse the judgment, insofar as it was rendered without allowing evidence of plaintiff’s claimed nonpecuniary damages.

Facts

The parties’ submissions reflect the following undisputed facts. Plaintiff Cleave Goodson, presently age 76, was married to the late Ocie Goodson for over 50 years. The couple owned a 1991…