Home/New York Court of Appeals/Southworth v. State

Southworth v. State

392 N.E.2d 1254, 47 N.Y.2d 874, 419 N.Y.S.2d 71, 1979 N.Y. LEXIS 2143
CourtNew York Court of Appeals
DecidedJune 12, 1979
DocketClaim No. 58065; Claim No. 58835
StatusPublished
Cited by30 cases

This text of 392 N.E.2d 1254 (Southworth v. State) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Southworth v. State, 392 N.E.2d 1254, 47 N.Y.2d 874, 419 N.Y.S.2d 71, 1979 N.Y. LEXIS 2143 (N.Y. 1979).

Opinions

OPINION OF THE COURT

Memorandum.

The orders of the Appellate Division should be affirmed, with costs.

For the reasons stated by Mr. Justice Michael F. Dillon in the majority opinion at the Appellate Division, we conclude that the State was not negligent in issuing the interim driver’s license. We note in particular the fact, now conceded by the plaintiff, that the driver was not ineligible under the statutes in effect when the license was issued.

This determination, however, should not be read as suggesting that the State might have been liable if the Motor Vehicle Department had been negligent in issuing the license. Statutes and regulations adopted in the exercise of the police power are, of course, designed to protect the general public from certain known or anticipated harms. But it is settled that the State and its subdivisions acting "for the protection of the general public, cannot be cast in damages for a mere failure to furnish adequate protection to a particular individual to whom it assumed no special duty” (Evers v Westerberg, 38 AD2d 751, affd 32 NY2d 684). It would seem that this principle should apply to the administration and enforcement of State licensing requirements. We also note that when State officials negligently issue a license or fail to revoke it, the State action is generally held not to be the proximate cause of the injury inflicted by the licensee (see State’s Liability for Improperly Licensing Negligent Drivers, Ann., 79 ALR3d, 955).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Crespo ex rel. Crespo v. New York State Office for People with Disabilities
55 Misc. 3d 333 (New York State Court of Claims, 2016)
Delanoy v. City of White Plains
83 A.D.3d 773 (Appellate Division of the Supreme Court of New York, 2011)
Pulliam v. Motor Vehicle Administration
955 A.2d 843 (Court of Special Appeals of Maryland, 2008)
Johnson v. Indian River School District
723 A.2d 1200 (Superior Court of Delaware, 1998)
Kevin HINES; Cathy Zampa, as Guardian Ad Litem for Stephanie Hines, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee
60 F.3d 1442 (Ninth Circuit, 1995)
Swift v. State
166 A.D.2d 833 (Appellate Division of the Supreme Court of New York, 1990)
Joyce v. State
152 A.D.2d 306 (Appellate Division of the Supreme Court of New York, 1989)
Arteaga v. State of New York
527 N.E.2d 1194 (New York Court of Appeals, 1988)
Dunckley v. State
136 Misc. 2d 767 (New York State Court of Claims, 1987)
Blatt v. New York City Housing Authority
123 A.D.2d 591 (Appellate Division of the Supreme Court of New York, 1986)
Classen v. State
131 Misc. 2d 346 (New York State Court of Claims, 1985)
Eiseman v. State
109 A.D.2d 46 (Appellate Division of the Supreme Court of New York, 1985)
Bockelman v. State, Department of Transportation
366 N.W.2d 550 (Supreme Court of Iowa, 1985)
Santangelo v. State
101 A.D.2d 20 (Appellate Division of the Supreme Court of New York, 1984)
Ast v. State
123 Misc. 2d 200 (New York State Court of Claims, 1984)
Chung v. State
122 Misc. 2d 676 (New York State Court of Claims, 1984)
Rolfe v. Village of Falconer
96 A.D.2d 1142 (Appellate Division of the Supreme Court of New York, 1983)
Ufnal v. Cattaraugus County
93 A.D.2d 521 (Appellate Division of the Supreme Court of New York, 1983)
First Insurance v. International Harvester Co.
659 P.2d 64 (Hawaii Supreme Court, 1983)
People v. Ogden
117 Misc. 2d 900 (Batavia City Court, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
392 N.E.2d 1254, 47 N.Y.2d 874, 419 N.Y.S.2d 71, 1979 N.Y. LEXIS 2143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southworth-v-state-ny-1979.