Legal Opinion
Waschek v. Department of Motor Vehicles
California Court of Appeal
Decided November 25, 1997No. B095356PublishedCited by 19 opinions
1Opinion of the Court
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, 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,…
2Cases cited11 opinions
- Joseph E. Di Loreto, Inc. v. O'NEILLCalifornia Court of Appeal · 1991
- Malo v. WillisCalifornia Court of Appeal · 1981
- Papelian v. State of CaliforniaCalifornia Court of Appeal · 1976
- Trewin v. State of CaliforniaCalifornia Court of Appeal · 1984
- Gray v. State of CaliforniaCalifornia Court of Appeal · 1989
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Aguilar v. Atlantic Richfield Co.California Supreme Court · 2001
- Claudio v. Regents of University of Cal.California Court of Appeal · 2005
- Christoff v. Union Pacific RailroadCalifornia Court of Appeal · 2005
- Mills v. U.S. BankCalifornia Court of Appeal · 2008
- Dawson v. ToledanoCalifornia Court of Appeal · 2003
14 more not listed; retrieve them via the Exa API.