Hannum v. Department of Licensing

181 P.3d 915, 144 Wash. App. 354
CourtCourt of Appeals of Washington
DecidedApril 29, 2008
DocketNo. 36349-6-II
StatusPublished
Cited by1 cases

This text of 181 P.3d 915 (Hannum v. Department of Licensing) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hannum v. Department of Licensing, 181 P.3d 915, 144 Wash. App. 354 (Wash. Ct. App. 2008).

Opinion

Armstrong, J.

¶1 David and Cynthia Hannum appeal a summary judgment order dismissing their claims against [356]*356the Washington State Department of Licensing (Department); its director, Liz Luce; and John and Jane Doe, employees of the Department. The Hannums argue that the trial court erred in dismissing their negligence claims under the public duty doctrine, that there were issues of material fact with respect to these claims, and that there were sufficient undisputed facts to grant them summary judgment on liability. They also argue that the trial court erred in dismissing their constitutional claims and that it should have granted them leave to amend their complaint to add claims against the Department’s former director in his individual capacity. Because the public duty doctrine bars the Hannums’ negligence claims, and they have not shown that they are entitled to damages or an injunction under the constitution, the trial court did not err in denying their motion to amend their complaint. We affirm.

FACTS

I. Driving Record Medical Notations

¶2 The Department of Licensing is responsible for ensuring that all licensed drivers are physically and mentally capable of driving on Washington’s roadways. If a driver informs the Department that he or she has had a loss of consciousness or control within the prior six months, the Department issues the person a medical certificate. The certificate asks the driver’s physician to evaluate whether the driver has a condition that may cause a loss of consciousness or control or has a mental or physical condition that may interfere with driving. The Department will not issue a license or will cancel the person’s driving privilege if the physician answers affirmatively.

¶3 The Department tracks the issuance of medical certificates with a notation on the driver’s record. A person who receives a medical certificate may continue with the licensing process, except for driving tests, while awaiting completion of the medical certificate. But the driver must return [357]*357the certificate within 30 days or the Department will cancel his or her driving privilege.

¶4 The Department provides different information to different types of entities that request a driver’s record. Law enforcement agencies can request an abstract of a driver’s complete record with or without the person’s consent. If the Department has issued the driver a medical certificate, the abstract reflects this with the notation “Medical,” but it does not state the reason the Department issued the medical certificate. Insurance companies and employers receive more limited information, and only with the driver’s written consent. This information does not include notations of medical conditions or restrictions.

II. David Hannum’s Driving Record

¶5 In 2001, David Hannum moved to Washington to work at the Hanford nuclear facility. Hannum was terminated from his employment soon thereafter; Hannum states that it was because of his whistleblowing activities, but his employer alleged that it was because of employment deficiencies and erratic behavior.

¶6 Hannum applied for a Washington State driver’s license shortly after he was terminated. The Department placed a medical certificate requirement notation on Hannum’s driving record. No one at the Department followed up on the notation, and it remained on Hannum’s record.

¶7 In February 2005, Hannum enrolled in a school district bus driving course and applied for a commercial driver’s license as a course requirement. The Department did not issue the license because of the medical certificate requirement notation, and a Department employee provided Hannum with a medical certificate for his doctor to fill out. Hannum returned to the Department and asked why he needed a medical examination in order to get a commercial driver’s license. A Department employee told Hannum about the notation.

[358]*358¶8 On February 23, 2005, Hannum wrote the Department a letter asking it to investigate the notation. On March 4, 2005, the Department wrote back, explaining that it was unable to locate any documents supporting the medical certificate requirement and that it would remove the notation, which it did the next day. Hannum obtained his commercial driver’s license a few days later. But by this time, he was no longer enrolled in the school bus driver course. Hannum alleged that the instructor told him to leave and not come back when Hannum informed him of the notation. The instructor stated that he asked Hannum to leave due to his odd behavior and difficulties with staff.

III. Procedural History

¶9 Hannum and his wife, Cynthia Hannum, sued the Department, alleging state and federal constitutional violations, negligence, and negligent infliction of emotional distress. They alleged that the notation caused various injuries, including the loss of the right to compete for the school bus driver job and emotional distress suffered when various people, including the bus driving course instructor and a Pasco police officer, saw or learned of the notation.

¶10 The Department removed the case to federal court. The federal district court granted the Department’s motion for summary judgment on the federal claims, but denied it with respect to the state claims, and remanded those to the trial court. The federal district court also denied the Hannums’ motion for partial summary judgment on liability and denied without prejudice their motion to amend their complaint to include the Department’s former director.

¶11 Following remand, the trial court granted the Department’s motion for summary judgment on the remaining claims and denied the Hannums’ motion for partial summary judgment on liability. It also denied the Hannums’ motion to amend their complaint to include the Department’s former director.

[359]*359ANALYSIS

I. Summary Judgment Standard

¶12 We review an order granting summary judgment de novo. Go2Net, Inc. v. FreeYellow.com, Inc., 158 Wn.2d 247, 252, 143 P.3d 590 (2006) (citing Troxell v. Rainier Pub. Sch. Dist. No. 307, 154 Wn.2d 345, 350, 119 P.3d 1173 (2005)). Summary judgment is appropriate where no genuine issues of material fact exist and the moving party is entitled to judgment as a matter of law. CR 56(c). We consider all facts, and reasonable inferences from those facts, in the light most favorable to the nonmoving party. Berrocal v. Fernandez, 155 Wn.2d 585, 590, 121 P.3d 82 (2005) (citing Wilson v. Steinbach, 98 Wn.2d 434, 437, 656 P.2d 1030 (1982)).

II. Negligence Claims

¶13 The Hannums argue that the trial court erred in granting the Department summary judgment on their negligence and negligent infliction of emotional distress claims because there were questions of material fact; they also claim that the trial court should have granted them summary judgment on the negligence claim because the uncontested facts demonstrate that they were entitled to judgment as a matter of law. The Department responds, in part, that the public duty doctrine bars these claims.

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Bluebook (online)
181 P.3d 915, 144 Wash. App. 354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hannum-v-department-of-licensing-washctapp-2008.