Does section 3333.4 of the California Motor Vehicle Accident Act bar a plaintiff from recovering for nonpecuniary damages in a wrongful death action?
California, United States of America
The following excerpt is from Horwich v. Superior Court, 65 Cal.App.4th 973, 77 Cal.Rptr.2d 245 (Cal. App. 1998):
4 Our holding is that section 3333.4 does not per se limit the damages recoverable in a wrongful death action, and we do not mean to say there could never be a situation in which subdivisions (a)(2) or (a)(3) of section 3333.4 would bar a wrongful death plaintiff from recovering for his or her nonpecuniary damages. If a child is killed while driving an uninsured vehicle owned by her uninsured parent, the parent would appear to be "[t]he injured person [who] was the owner of a vehicle involved in the accident." Anomalies such as this are not before us. (But see Quackenbush v. Superior Court (1997) 60 Cal.App.4th 454, 465-467, 70 Cal.Rptr.2d 271.)
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