Donohue v. State of California

In Donohue v. State of California (1986) 178 Cal. App. 3d 795, the claim asserted the defendant was negligent in permitting an uninsured motorist to take a driving test, whereas the complaint alleged negligence in failing to instruct, direct and control the motorist during his driving examination. The court found the act of permitting a uninsured motorist to take a driving test was not the factual equivalent of failure to control or direct the motorist during the test. ( Id. at p. 804.)