Noneconomic Damages Recoverable Despite Plaintiff’s Lack Of A Driver’s License.

Plaintiff, who was unlicensed, suffered serious and permanent brain injuries in a car accident.  A jury awarded her $31,656,208. Defendant, who admitted liability, argued Civil Code §3333.4 prevented plaintiff was recovering $22,000,000 of the award, the portion for noneconomic damages.  The vehicle the plaintiff was driving was purchased and insured by her father.  Section 3333.4 precludes recovery of noneconomic damages by the operator of a vehicle who cannot establish financial responsibility as required by law.  The trial judge ruled section 3333.4 did not apply because plaintiff was a permissive user.  The appellate court affirmed.  Landeros v. Torres  (Cal. App. Fifth Dist.; May 24, 2012) 206 Cal.App.4th 398, [141 Cal.Rptr.3d 744].