MICHAEL W. DIETRICK, ETC., ET AL., APPELLANTS,
v.
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, ETC., APPELLEE
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The court affirmed dismissal of a negligence suit against the Department of Highway Safety and Motor Vehicles for reissuing a driver's license without examination, holding that no cause of action exists for such administrative action.
No cause of action exists against the Department of Motor Vehicles for reissuing a driver's license to an incompetent driver without examination.
[1] No cause of action exists against a state motor vehicle department for negligence in reissuing a driver's license without examination, even when the licensee subsequently…
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Join FLexlaw to unlock all legal intelligenceAppellant's daughter was killed by a seventy-nine year old driver whose license had been suspended in February 1982 but reissued without examination i…
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UPCHURCH, Chief Judge.
Appellant Michael Dietrick appeals a final judgment dismissing his second amended complaint with prejudice. Dietrick filed suit against appellee, the Department of Highway Safety and Motor Vehicles, after his daughter was killed by an automobile driven by David Green. The complaint alleged that seventy-nine year old Green, who had numerous moving violations according to the Department’s records, lost control of his auto and struck the young girl while she was playing on her lawn. The complaint further alleged that Green’s license was suspended on February 19, 1982 but was subsequently reissued without examination on June 8, 1982, approximately six weeks before the tragic accident.
The question presented is whether a cause of action exists against the Department of Motor Vehicles for reissuing a driver’s license to an incompetent driver without examination.
We agree with the trial judge that a cause of action does not exist and affirm. See Trianon Park Condominium Assn., Inc. v. City of Hialeah, 468 So. 2d 912 (Fla.1985); Reddish v. Smith, 468 So. 2d 929 (Fla.1985); Everton v. Willard, 468 So. 2d 936 (Fla.1985); Carter v. City of Stuart, 468 So. 2d 955 (Fla.1985); Hensley v. Seminole County, 268 So. 2d 452 (Fla. 4th DCA 1972); Cf. Ralph v. City of Daytona Beach, 471 So. 2d 1 (Fla.1985) (local government has duty to warn beach users of inadequate supervision).
AFFIRMED.
DAUKSCH and ORFINGER, JJ., concur.
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Citator
Cited By
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Dep't of Health & Rehabilitative Servs. v. Yamuni, 529 So. 2d 258 (Fla. 1988)…7 So. 2d 132 (Fla.1970) (provision of police protection); McFadden v. County of Orange, 499 So. 2d 920 (Fla. 5th DCA 1986) (police decisions regarding traffic control methods and devices); Dietrick v. Department of Highway Safety and Motor Vehicles, 496 So. 2d 212 (Fla. 5th DCA 1986) (issuing drivers’ licenses); Bob’s Pawn Shop, Inc. v. City of Largo, 488 So. 2d 922 (Fla. 2d DCA 1986) (police investigating a crime); cf. City of Orlando v. Kazarian, 481 So. 2d 506 (Fla. 5th DCA 1985); Jones v. City of Longwood…
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D.C.M. v. State, 498 So. 2d 1064 (Fla. 5th DCA 1986)…PER CURIAM. AFFIRMED on the authority of Dietrich v. Department of Highway Safety and Motor Vehicles, 496 So. 2d 212 (Fla. 5th DCA 1986). UPCHURCH, C.J., and DAUKSCH and SHARP, JJ., concur.…
Authorities Cited
- Trianon Park Condo. Ass'n, Inc. v. City OF Hialeah, 468 So. 2d 912 (Fla. 1985)
- Azor J. Everton, Jr. v. Willard, 468 So. 2d 936 (Fla. 1985)
- Orla Ralph v. City OF Daytona Beach, 471 So. 2d 1 (Fla. 1983)
- J.R. Reddish & the Dep't of Corr. of the State of Fla. v. Smith, 468 So. 2d 929 (Fla. 1985)
- Leila Carter v. City OF Stuart & Aetna Cas. & Sur. Co., 468 So. 2d 955 (Fla. 1985)
- Hensley v. Seminole Cnty., 268 So. 2d 452 (Fla. 4th DCA 1972)