In Pendergrass v. State, 66 Or. App. 607, 675 P.2d 505 (1984), Lawrence Pendergrass, Jr. was killed when Gary Robb suffered an epileptic seizure, blacked out, lost control of his vehicle, and struck and killed Pendergrass, who was riding a bicycle.
Robb's epileptic condition was known to the Motor Vehicle Division.
In September 1977, pursuant to a regulation, the Motor Vehicle Division sent Robb a letter requesting a certificate from his physician and his personal affidavit as to seizures within the past two years. Id. at 506. Robb's personal affidavit was not returned. Id.
An Oregon statute provided that failure to comply with a request for information within 45 days would result in the immediate suspension of a driver's license, but suspension proceedings were never commenced. Id.