Bockelman v. State, Department of Transportation

SCHULTZ, Justice.

The deciding issue in this appeal is whether a party injured by a negligent motorist may recover from the State for its negligence in failing to seek the suspension of such motorist’s driving privileges because he was an habitual offender. The trial court decided this case on a factual basis, holding that plaintiff had failed to meet her burden of proving proximate cause. We hold plaintiff did not state a claim for which relief can be granted and affirm.

On January 7, 1980, plaintiff Cheryl A. Boekelman was a passenger in a vehicle driven by Daniel Loren Richards. Richards…