Papelian

Plaintiffs are the surviving husband and children of Paulette Papelian, who was killed in a collision between an auto mobile driven by her and an automobile driven by Olleva Lang (who was also killed in the collision). Plaintiffs sought damages against defendant Department of Motor Vehicles on the theory that issuance of a driver’s license to Mrs. Lang was, by reason of her age and alleged infirmity, the proximate cause of the collision and of the death of Mrs. Papelian. Defendants’ demurrer to the complaint was sustained without leave to amend. Plaintiffs appeal from the order (judgment) dismissing the complaint.

The complaint alleges in substance: On February 11, 1975, the department issued a driver’s license to Mrs. Lang, who was bom on April 10, 1896. When the license was issued, and subsequently thereto, defendants negligently and wilfully failed to ascertain that Mrs. Lang was a person of advanced years and diminished mental agility to the point of senility, that she was too elderly and senile to be capable of driving a motor vehicle on the streets and highways of the state, and that issuance of driving privileges to her would endanger the lives of…