WASCHEK v. DEPARTMENT OF MOTOR VEHICLES

Docket No. B095356.

59 Cal.App.4th 640 (1997)

JAMES WASCHEK et al., Plaintiffs and Respondents, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant.

Court of Appeals of California, Second District, Division Seven.

November 25, 1997.


Attorney(s) appearing for the Case

COUNSEL

Daniel E. Lungren, Attorney General, Margaret A. Rodda, Assistant Attorney General, Richard J. Rojo and Leonard Pape, Deputy Attorneys General, for Defendant and Appellant.

Andrews & Hensleigh, Joseph Andrews and John J. Aumer for Plaintiffs and Respondents.


OPINION

WOODS, J.

We hold that the State of California Department of Motor Vehicles (DMV) is not liable to a party injured by a licensed driver (Gov. Code, § 818.4)1 when DMV had determined the driver was able "to safely operate a motor vehicle upon a highway." (Veh. Code, § 12805, subd. (c).)2

FACTUAL AND PROCEDURAL BACKGROUND

On August 19, 1990...

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