Richardson v. Department of Motor Vehicles
Annotate this CaseDembowsky repeatedly hit a parked car in 2011; Santa Rosa police requested that the DMV perform a regular reexamination. Dembowsky passed the written test, and vision and physical examinations but failed to appear for her driving test. The DMV suspended Dembowsky’s license in May 2011. In February 2012, Dembowsky caused another accident in which both vehicles sustained major damage and Dembowsky’s ankle was injured. In May 2012, Dembowsky submitted updated medical and vision evaluations, which again revealed no condition that would affect her ability to drive safely during the day. Dembowsky took her behind-the-wheel driving test in July and received an unsatisfactory score with seven critical errors. The DMV continued Dembowsky’s license suspension. Dembowsky enrolled in a private driving school and later took the driving test and received a satisfactory score, ending her license suspension. On July 3, 2013, Dembowsky, then age 93, unlawfully turned into oncoming traffic and collided with Richardson’s motorcycle. The accident severed Richardson’s leg, broke his other leg and pelvis, damaged his spine, and left him paralyzed from the waist down. Richardson sued Dembowsky, the state, and the DMV. The court of appeal affirmed summary judgment for the DMV, finding that there was no material disputed fact that the DMV’s decision to lift Dembowsky’s license suspension was a discretionary act, so that the DMV was entitled to immunity under Government Code section 818.4.
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