Richardson v. Dep't of Motor Vehicles

Good Law
235 Cal. Rptr. 3d 434·25 Cal. App. 5th 102
Court of Appeal of CaliforniaJune 22, 2018A148613California4,092 words

Opinion

lead Opinion

Jenkins, J.

*104 Alan Richardson appeals from an order granting a motion for summary judgment in favor of defendant, Department of Motor Vehicles *105 (hereinafter, DMV). Richardson sued the DMV for lifting a suspension against the driver's license of a 93-year-old woman, Elsie Dembowsky, who caused a motor vehicle collision that severely injured him. Concluding, like the trial court, that the DMV is entitled to immunity for the licensing action taken in this case pursuant to Government Code section 818.4, 1 we affirm the judgment. *436 FACTUAL AND PROCEDURAL BACKGROUND

The relevant facts are not in dispute. Appellant Alan Richardson (hereinafter, Richardson) was seriously injured when Dembowsky unlawfully turned left in her vehicle into oncoming traffic and collided with Richardson's motorcycle. Richardson had the right of way. The accident severed Richardson's left leg, broke his right leg and pelvis, damaged his spine, and left him paralyzed from the waist down.

Dembowsky was issued a driver's license on June 25, 2009, with an expiration date of July 3, 2014. On March 4, 2011, following an accident where Dembowsky hit a parked car several times, an officer with the Santa Rosa Police…

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