Montes v Gibbens
Apr 29, 1999OUTCOME: On appeal, the 2nd District found an employee is not required to ensure his employer has obtained or maintained liability insurance. The employee is not required to establish 'financial responsibility.
Plaintiff, Montes, while driving his employer's car in the course of his employment, was hit by a car that ran a red light. Montes did not know that his employer had no liability insurance. Montes did ... not own a car and did not have his own liability insurance policy. The parties entered into a Stipulated Judgment for $100,000.00, the defendant's policy limit and also that Montes' Special Damages were $31,000.00. Defendant denied that Montes could recovery General Damages on account of Proposition 213. Judgment was entered and appeal followed to clarify Prop 213 (Cal. Civil Code 3333.4)
