What is the test for non-economic damages in a defective design product liability action?
California, United States of America
The following excerpt is from CHUDE v. JACK IN The BOX INC., 109 Cal.Rptr.3d 773, 185 Cal.App.4th 37 (Cal. App. 2010):
circumstances present. ( Hodges v. Superior Court (1999) 21 Cal.4th 109, 86 Cal.Rptr.2d 884, 980 P.2d 433 [ 3333.4 does not bar recovery of non-economic damages by an uninsured motorist in a defective design products liability action against an automobile manufacturer for defective gas tank that exploded after it was struck from rear];
[109 Cal.Rptr.3d 778]
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