Is a plaintiff's right to sue for negligently inflicted injuries a fundamental right?

The Brown v. Merlo opinion expressed the view that the right to sue for negligently inflicted injuries is not fundamental, in the sense that it triggers judicial responsibility to subject a statute limiting that right to "strict scrutiny." (8 Cal.3d at p. 862, fn. 2, 106 Cal.Rptr. 388, 506 P.2d 212.) Since an injured plaintiff's rights are not regarded as fundamental, the rights of those subrogated, dependent as they are on the plaintiff's entitlement, are not "fundamental" in the constitutional sense either.