Dietrick v. DEPT. OF HIGHWAY SAFETY
Docket: 85-1797
Court: District Court of Appeal of Florida; October 16, 1986; Florida; State Appellate Court
Michael W. Dietrick appeals a final judgment that dismissed his second amended complaint with prejudice against the Department of Highway Safety and Motor Vehicles following the death of his daughter, who was struck by a vehicle driven by David Green. The complaint contended that Green, a 79-year-old driver with numerous moving violations, lost control of his vehicle and hit the girl while she was playing on her lawn. It also alleged that Green's driver's license, which had been suspended on February 19, 1982, was reissued without examination on June 8, 1982, shortly before the accident. The central issue was whether a legal cause of action exists against the Department for reissuing a driver's license to an allegedly incompetent driver without proper examination. The court upheld the trial judge's decision that no such cause of action exists, citing various precedents including Trianon Park Condominium Assn. Inc. v. City of Hialeah and others. The judgment was affirmed, with Judges Dauksch and Orfinger concurring.