Legal Opinion

Cain v. State, Department of Highway Safety

Ohio Court of Appeals

Decided January 26, 1984No. 83AP-657 and -658PublishedCited by 10 opinions

1Opinion of the CourtMoyer, J.

These consolidated appeals from a final judgment of the Court of Claims dismissing plaintiffs’ complaints for lack of subject matter jurisdiction, and failure to state a claim for which relief may be granted, present us with the issue of whether the state may be liable when its agents or employees issue a driver’s license to a person who could not read or write the English language, who passed an examination that was written in Spanish, and who later caused an automobile accident in which plaintiffs were injured.

Each plaintiff’s assignment of error asserts the following:

“The court below erred…

2Cases cited2 opinions

  1. O'Brien v. University Community Tenants Union, Inc.Ohio Supreme Court · 1975
  2. Shelton v. Industrial CommissionOhio Court of Appeals · 1976

3Cited by10 opinions

  1. Sawicki v. Village of Ottawa HillsOhio Supreme Court · 1988
  2. Minaya v. NVR, Inc.Ohio Court of Appeals · 2017
  3. Johnson v. Indian River School DistrictSuperior Court of Delaware · 1998
  4. Lewis v. Ohio Department of HealthOhio Court of Appeals · 1990
  5. Texaus Investment Corp., N.V. v. HaendigesCourt of Appeals for the Sixth Circuit · 1985

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