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Cromwell v. State3/18/2003
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
After an elderly motorist, Jasper Laraway, caused a traffic accident, the State of California's Department of Motor Vehicles (DMV) reexamined Laraway's capacity to drive. Based upon medical reports and an interview, but without a behind-the-wheel test, DMV permitted him to continue driving. A few days later, Laraway caused an accident that killed police officer Rick Cromwell.
Cromwell's wife, Cynthia, personally and as guardian ad litem on behalf of their children, Ashleigh and Lindsey (collectively, plaintiffs), brought a wrongful death action against the State of California (defendant). Plaintiffs alleged that defendant's DMV had failed to discharge a mandatory duty to subject Laraway to a behind-the- wheel driving test as part of a reexamination pursuant to Vehicle Code sections 12818 and 13801, and that the breach of this mandatory duty allowed him to continue driving and, thus, to negligently cause Cromwell's death.
The trial court granted summary adjudication in favor of plaintiffs on their claim that DMV breached a mandatory duty to subject Laraway to an actual driving test. At trial, the court instructed the jury as follows: "Plaintiffs are seeking damages against the State of California based on their claim that the State of California failed to discharge a mandatory duty. You are instructed that the Defendant State of California had a mandatory duty imposed by Section 12818(a) of the Vehicle Code to re-examine Jasper Laraway's qualifications to operate a motor vehicle, which included the mandatory duty to give Jasper Laraway a driving test between June 15th, 1998 and December 9th, 1998. [ ] You are further instructed that the Defendant State of California failed to discharge its mandatory duty to give Jasper Laraway a driv test between June 15th, 1998 and December 9th, 1998." The jury returned a $5,500,000 verdict in favor of plaintiffs ($2,000,000 in economic damages and $3,500,000 in non-economic damages) and apportioned 90 percent of the fault to defendant and 10 percent to Laraway. Judgment was entered accordingly.
On appeal, defendant claims DMV did not have a mandatory duty to subject Laraway to a behind-the-wheel driving test as part of the reexamination process. Rather, the decision whether to do so was discretionary; consequently, defendant was immune from liability for DMV's decision. In any event, defendant argues, plaintiffs did not and cannot establish that DMV's failure to make Laraway take a driving test was a proximate cause of Cromwell's death.
We conclude that, when the events that gave rise to this litigation occurred, DMV did not have a mandatory duty to require a behind-the- wheel driving test as part of the reexamination process and that DMV's discretionary decision whether to do so for Laraway was immune from tort liability. Accordingly, we shall reverse the judgment and remand the matter to the trial court with directions to enter judgment in favor of defendant.
FACTUAL AND PROCEDURAL BACKGROUND
On June 15, 1998, Jasper Laraway, then only days short of his 85th birthday, was involved in a traffic accident. Laraway had driven to Lodi from his home in Ione in order to take his car in for transmission work. He was followed, in a separate vehicle, by his granddaughter and her fiancé who, ironically, were off-duty California Highway Patrol officers. When Laraway approached
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