Waschek
Waschek v. Department of Motor Vehicles
Opinion
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) when DMV had determined the driver was able “to safely operate a motor vehicle upon a highway.” (Veh. Code, § 12805, subd. (c).)
Factual and Procedural Background
On August 19, 1990, 96-year-old Emanuel Schlesinger sought renewal of his driver’s license. He was examined and tested by Phillip Marcus, a DMV driver’s license examiner with 20 years’ experience. Mr. Schlesinger presented to Mr. Marcus a report of an August 10, 1990, eye examination performed by Mr. Schlesinger’s private doctor. The report stated Mr. Schlesinger had cataracts in both eyes but he “should be able to drive during daytime.” The report recommended a reexamination in one year.
Mr. Marcus, after examining and testing Mr. Schlesinger, determined he was able to safely operate a motor vehicle, gave him a driving test score of 94 (out of a possible 100), extended his license two years but restricted his driving to “daylight” only.
Twenty months later, on April 20, 1992, Mr. Schlesinger, while driving his automobile, struck and injured James Waschek who was…