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I looked this up (through Westlaw, I have access through my school) and it came up with another case in November of 2002, Court of Appeal, First District, Division 4, California. Rabia Khouja et al., Plaintiffs and appellants, v. STATE of California, Defendant and Respondent.
Basically, the family of the decedent sued the State of California through the DMV. Without getting too technical and boring, the driver of the car, born in 1928, had failed the DMV vision test several times. Each time, she was examined by an optometrist and given a DL 62 form, which sort of overrides the DMV's failed vision test. Even though the doctor noted that the driver had "severe macular degeneration" and monocular vision, he did not recommend a revocation of the license and the DMV renewed it. This happened continued for a few years. In the meantime, the driver was involved in an accident, but not cited.
Finally, after again getting a DL 62 to pass the vision test, the driver failed the driving test due to what the examiner called a "common error", going straight in a turning lane, or something like that. Apparently, the Cali DMV allows 3 chances to retake the test if someone fails it. The examiner allowed the driver to keep her current license until the retake, and later that day, she struck and killed the infant.
The Superior Court found for the State and the Court of Appeals affirmed the Superior Court's decision.
The case I read was dated November 7, 2002. The case in Anders' article was October of 2001, so this suit occurred after the family received a large settlement. I do hope that they brought a suit against the state to get those impractical and unsafe rules changed, instead of looking for money.
_______________________________________
¯_(ツ)_/¯
-turrbo
My babies:
1995 9000 Super CS
2001 9-3 SE Convertible (gone but still in the family)
2004 9-3 Aero Convertible (sold but in good hands)
2007 9-3 Aero SS
2008 9-3 Aero Convertible
Posts in this Thread:
- This gets on my nerves, SWEDECAR , Fri, 19 Jan 2007 08:59:28
- Contrarian view, Paul'sAero, Sat, 20 Jan 2007 15:40:16
- There's more to the story (LONG), turrbo , Fri, 19 Jan 2007 18:51:17 <-- Viewing This Message
- Re: This gets on my nerves, EGD , Fri, 19 Jan 2007 16:32:16
- Looking at it from the other side - the dead baby, Pat, Fri, 19 Jan 2007 12:25:35
- Totally insane!, Noel, Fri, 19 Jan 2007 10:51:09
- Re: This gets on my nerves, Rod , Fri, 19 Jan 2007 10:20:42
- Mine too...., nuysSAAB , Fri, 19 Jan 2007 09:37:46
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