Bayer-Bel

This is a tort action in which three defendants caused an automobile accident, one by negligently driving the car, the other two by negligently entrusting the car to the unlicensed driver. A jury found all three liable to plaintiff and allocated fault among the three defendants, and the trial court, in entering judgment on the verdict, made the driver jointly and severally liable for the entire judgment (noneconomic as well as economic damages), finding that Proposition 51 did not apply. The driver appeals, contending her liability for plaintiff’s noneconomic damages should be several and limited to the amount of fault allocated to her by the jury. We agree.

FACTS

A.

Sixteen-year-old Anna Litovsky and her friend Liana cut class and met up with Anthony Mosley and Eugene Green. In Mosley’s Chevrolet Tahoe, the foursome went to a party “in the hills” but Litovsky soon realized people were drinking and using drugs and asked Mosley to take her back to school. He refused because he had been drinking and gave the keys to Green, but he too had been drinking and refused to drive. In the end, they all agreed that Liana (who had a learner’s permit) would drive and Green would…