From Casetext: Smarter Legal Research

Cain v. State

Court of Appeals of Ohio
Jan 26, 1984
14 Ohio App. 3d 105 (Ohio Ct. App. 1984)

Summary

In Cain v. State, 14 Ohio App.3d 105, 470 N.E.2d 208 (1984), the Ohio Court of Appeals held that plaintiffs had no action against the state because of the public duty doctrine.

Summary of this case from Texaus Inv. Corp., N.V. v. Haendiges

Opinion

No. 83AP-657 and 658

Decided January 26, 1984.

Court of Claims — Department of Highway Safety — Negligence — Issuance of driver's license to person who could not read or write the English language — Driver later causes automobile accident — Action against state for negligence will not lie.

O.Jur 3d Automobiles §§ 72, 78. O.Jur 3d Government Tort Liability §§ 13, 14.

1. There is no cause of action against the state in the Court of Claims when an employee of the Department of Highway Safety issues a driver's license to a person who could not read or write the English language, who passed an examination that was written in Spanish, and who later caused an automobile accident in which other individuals were injured.

2. In order for the state to be liable for negligence, there must be a breach of a duty owed to the party that was injured.

3. Neither R.C. 4507.08(C) nor 4507.11 creates a duty owed by the state to a particular individual but rather create duties owed only to the general public and noncompliance with them cannot be the basis of a tort action.

APPEALS: Court of Appeals for Franklin County.

Mr. William L. Stehle and Mr. Mark C. Brooks, for appellants.

Mr. Anthony J. Celebrezze, Jr., attorney general, and Mr. John P. Gilligan, for appellees.

MOYER, J.


These consolidated appeals from a final judgment of the Court of Claims dismissing plaintiff's complaints for lack of subject matter jurisdiction, and failure to state a claim for which relief may be granted, present us with the issue of whether the state may be liable when its agents or employees issue a driver's license to a person who could not read or write the English language, who passed an examination that was written in Spanish, and who later caused an automobile accident in which plaintiffs were injured.

Each plaintiff's assignment of error asserts the following:

"The court below erred in dismissing Plaintiff-Appellant's complaint because it does not appear beyond doubt that Plaintiff-Appellant can prove no set of facts in support of her claim which would entitle her to relief."

Plaintiffs argue that employees of the Ohio Department of Highway Safety failed to comply with the requirements of R.C. 4507.08, which provides, in part, as follows:

"No temporary instruction permit or operator's or chauffeur's license shall be issued to, or retained by:

"* * *

"(C) Any person who is unable to understand highway warnings or traffic signs or directions given in the English language."

The examination in the Spanish language was administered to defendant Cruz under the authority granted in R.C. 4507.11, which expressly provides that special examinations:

"* * * [M]ay be conducted in such a manner that applicants who are illiterate or limited in their knowledge of the English language may be tested by methods that would indicate to the examining officer that the applicant has a reasonable knowledge of motor vehicle laws and understands highway traffic control devices."

Plaintiffs argue that R.C. 4507.08(C) was adopted for the protection of the public, that the state owes a duty to persons such as plaintiffs to protect them from drivers who cannot be reasonably expected to comply with traffic signs and control devices, and that that duty was breached because defendant Cruz caused them to be injured while he was driving in the wrong lane of a highway.

We have consistently held that statutes such as those before us in this case do not create a duty owed to any specific or particular person, but rather, create duties owed only to the general public and that noncompliance with such statutes can therefore not be the basis of a tort action. Shelton v. Indus. Comm. (1976), 51 Ohio App.2d 125 [5 O.O.3d 286]; Spencer v. State (Apr. 14, 1977), Franklin App. No. 76AP-1021, unreported; Tamargo v. Cook (Apr. 29, 1976), Franklin App. No. 75AP-449, unreported.

By adopting R.C. 2743.02(A) the Ohio General Assembly waived the state's immunity from liability and permitted claims against the state to be determined in the Court of Claims in accordance with the same rules of law applicable to suits between private parties. In order for a private party to be liable for negligence, there must be a breach of a duty owed to that party. The same rule of law is applicable to the state of Ohio. Neither R.C. 4507.08(C) nor 4507.11 creates a duty owed by the state of Ohio to plaintiffs, but, rather, they create a statutory duty to administer examinations to persons who do not speak or write the English language that will indicate that the applicant has a reasonable knowledge of motor vehicle laws and understands the highway traffic control devices. That duty is to the public in general and not to specific persons or groups of persons. Because plaintiffs could prove no set of facts that would entitle them to recover, see O'Brien v. University Community Tenants Union (1975), 42 Ohio St.2d 242 [71 O.O.2d 223], the trial court did not abuse its discretion in dismissing plaintiffs' complaints. The assignment of error is overruled, and the judgments of the trial court are affirmed.

Judgments affirmed.

WHITESIDE, P.J., and MCCORMAC, J., concur.


Summaries of

Cain v. State

Court of Appeals of Ohio
Jan 26, 1984
14 Ohio App. 3d 105 (Ohio Ct. App. 1984)

In Cain v. State, 14 Ohio App.3d 105, 470 N.E.2d 208 (1984), the Ohio Court of Appeals held that plaintiffs had no action against the state because of the public duty doctrine.

Summary of this case from Texaus Inv. Corp., N.V. v. Haendiges

In Cain, the plaintiff therein sued the Department of Safety for negligently issuing a driver's license to a person whose inability to read or write later caused him to violate traffic laws, thereby injuring plaintiff.

Summary of this case from Miller v. Canale
Case details for

Cain v. State

Case Details

Full title:CAIN, APPELLANT, v. STATE OF OHIO, DEPARTMENT OF HIGHWAY SAFETY ET AL.…

Court:Court of Appeals of Ohio

Date published: Jan 26, 1984

Citations

14 Ohio App. 3d 105 (Ohio Ct. App. 1984)
470 N.E.2d 208

Citing Cases

Miller v. Canale

However, we are unable to distinguish the present case from other decisions of this court finding that…

Texaus Inv. Corp., N.V. v. Haendiges

It is true that the court in Shelton did not expressly articulate the public duty/private duty doctrine as…