Donohue
Donohue v. State of California
Opinion
Opinion
Lillie, J.
Plaintiff William Donohue appeals from judgment entered against him and in favor of defendant State of California following the granting of defendant’s motion for judgment on the pleadings.
Factual and Procedural Background
Plaintiff commenced an action to recover damages for personal injuries and property damage sustained when plaintiff’s car was struck by a car driven by John Coronado, a minor, while Coronado was taking the driving portion of his examination for issuance of a California driver license. The complaint contained two causes of action. The second cause of action, directed against the State of California and Vickey Hadley, a driving examiner employed by the Department of Motor Vehicles, alleged: Defendants negligently instructed, directed and controlled Coronado in his driving examination and failed properly to supervise him in the performance of the examination; defendants further failed to keep a proper lookout for oncoming traffic and to warn Coronado of such traffic; as a direct and proximate result of defendants’ negligence, the car driven by Coronado collided with plaintiff’s car causing plaintiff to sustain personal injuries and damaging his car;…