Mariani v. Department of Pub. Safety – Driver License Division
Mariani v. Department of Pub. Safety – Driver License Division, 2023 UT App 79 (Christiansen Forster, J.)
Torts/Governmental Immunity
Mariani crashed during her motorcycle driver license exam. She sued the Utah Department of Public Safety-Driver License Division (DLD) for her injuries, alleging the accident was caused by a soft tar patch in the asphalt in the testing area. The DLD successfully moved for summary judgment. The Utah Court of Appeals affirmed, holding:
- The district court did not err in holding that the DLD was immune from suit, because Mariani’s injury was “incident to” the DLD’s licensing function, so the licensing exception to the waiver of governmental immunity applied regardless of whether the DLD was negligent.
