COURT UPHOLDS LAW PENALIZING DRUNK, UNINSURED DRIVERS.Byline: Bob Egelko Associated Press Associated Press: see news agency. Associated Press (AP) Cooperative news agency, the oldest and largest in the U.S. and long the largest in the world. Proposition 213, a ballot initiative that barred uninsured drivers, drunk drivers and fleeing felons from suing for pain and suffering when injured in·jure tr.v. in·jured, in·jur·ing, in·jures 1. To cause physical harm to; hurt. 2. To cause damage to; impair. 3. in an accident, was upheld Wednesday by a second state appeals court. The November 1996 measure drew a legitimate distinction between ``the group of people who obey the law by purchasing automobile insurance, driving sober, and committing no vehicle-related felonies and the group of people who violate these driving-related laws,'' said the 1st District Court of Appeal. The court agreed with a ruling two months ago by a Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850. appellate panel upholding the measure. That ruling also said Proposition 213 could be applied to suits over accidents that occurred before it passed, an issue that Wednesday's decision did not reach. The chief importance of the new ruling is that it would overturn an injunction, issued by a San Francisco San Francisco (săn frănsĭs`kō), city (1990 pop. 723,959), coextensive with San Francisco co., W Calif., on the tip of a peninsula between the Pacific Ocean and San Francisco Bay, which are connected by the strait known as the Golden Superior Court judge in April, that prohibits Insurance Commissioner Charles Quackenbush from spending state funds to implement the limits on suits by uninsured drivers. Quackenbush praised the ruling, saying it makes Proposition 213 ``the law of the land.'' ``Proposition 213 . . . restored balance and fairness to the legal system,'' Quackenbush said in a statement. ``Instead of long, drawn-out legal battles, opponents of Proposition 213 should direct their energy and resources into joining ranks with me to make auto insurance more affordable and available to all Californians.'' Los Angeles attorney Harvey Rosenfield, author of the 1988 initiative, Proposition 103, that regulated auto insurance rates, and a participant in the attack on Proposition 213, said the ruling would be appealed to the state Supreme Court. Other plaintiffs include the Congress of California Seniors and several consumer groups. ``To say to those people who can't afford (insurance) who are the innocent victim of a car accident that they're out of luck is the kind of Christmas Eve decision that only a Scrooge can render,'' Rosenfield said. He said the injunction against Quackenbush has had little effect because it was not directed at insurance companies, which have implemented Proposition 213 without interference from the commissioner. Quackenbush said rates already have dropped as a result. The initiative, supported by insurance companies and approved by 76 percent of the voters, prohibits uninsured drivers, drunk drivers and fleeing felons from collecting ``non-economic'' damages - for pain, disfigurement dis·fig·ure tr.v. dis·fig·ured, dis·fig·ur·ing, dis·fig·ures To mar or spoil the appearance or shape of; deform. [Middle English disfiguren, from Old French desfigurer and emotional distress emotional distress n. an increasingly popular basis for a claim of damages in lawsuits for injury due to the negligence or intentional acts of another. Originally damages for emotional distress were only awardable in conjunction with damages for actual physical harm. - in any auto accident, no matter who was at fault. They can sue only for financial losses, such as medical bills and lost wages. About 5 million of California's 20.2 million drivers are uninsured, according to according to prep. 1. As stated or indicated by; on the authority of: according to historians. 2. In keeping with: according to instructions. 3. recent state and industry estimates. In his April ruling, Superior Court Judge William Cahill said Proposition 213 discriminated arbitrarily against uninsured drivers and treated them more harshly than felons. For example, he said, a drunk driver who is not convicted, or a fleeing criminal who plea bargains plea bargain n. in criminal procedure, a negotiation between the defendant and his attorney on one side and the prosecutor on the other, in which the defendant agrees to plead "guilty" or "no contest" to some crimes, in return for reduction of the severity of the to a misdemeanor, is not covered not covered Health care adjective Referring to a procedure, test or other health service to which a policy holder or insurance beneficiary is not entitled under the terms of the policy or payment system–eg, Medicare. Cf Covered. by the damage limits that apply to all uninsured drivers, ``no matter how innocent or inadvertent their failure to have insurance.'' Also, the limits do not apply to an insured car owner who is injured as a passenger. But the appeals court said those distinctions, while subject to ``legitimate criticism,'' did not invalidate in·val·i·date tr.v. in·val·i·dat·ed, in·val·i·dat·ing, in·val·i·dates To make invalid; nullify. in·val Proposition 213's basic classification between law-abiding and lawbreaking drivers. ``Proposition 213 targeted uninsured motorists because of the group's conduct, receiving the benefits of the insurance system without paying its admission price,'' said Justice Michael Phelan Michael Phelan may refer to:
He said the issue of whether poor people were more likely than others to be uninsured was of ``limited relevance'' to the case. |
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