Anaya

Anaya v. Superior Court

Good Law
116 Cal. Rptr. 2d 660·2002 Cal. App. LEXIS 1590·2002 Daily Journal DAR 1797·96 Cal. App. 4th 136·2002 Cal. Daily Op. Serv. 1488
Court of Appeal of CaliforniaFebruary 13, 2002No. B152460California2,830 words

Opinion

Lead Opinion

Vogelmiriam, J.

Eleven-year-old Norma Vides, a passenger in a car driven by Pedro Anaya, was seriously injured when Anaya’s car *138 collided with a sanitation track owned by the City of Los Angeles. 1 A helicopter owned by the City of Los Angeles picked up Norma to take her to the hospital. On the way, the helicopter crashed and Norma died. Norma’s mother (Genoveva Anaya) and father (Alfredo Vides) sued the City of Los Angeles for wrongful death damages. 2 Plaintiffs (who owned the car) did not have liability insurance. Pedro Anaya (the 17-year-old driver) was uninsured and unlicensed. The City answered and conducted discovery, then filed a motion for summary adjudication in which it asked the trial court to determine, as a matter of law, that Plaintiffs’ status as the uninsured owners and operators of an involved motor vehicle precludes their recovery of noneconomic damages. (Civ. Code, § 3333.4.) 3 Plaintiffs did not dispute the relevant facts but opposed the motion on the ground that Norma’s death did not “arise out of’ the collision within the meaning of section 3333.4. The trial court granted the motion. Plaintiffs then filed a petition for a writ of mandate, asking us to direct…

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