California Court of Appeal

In a suit against the physician of an epileptic driver and the physician's employer after the driver had a seizure and injured the plaintiffs, the trial court's grant of summary judgment to the defendants is affirmed, where: 1) the physician's communication to the DMV that the patient's epilepsy did not affect his ability to drive safely was subject of the litigation privilege in Civil Code section 47(b); and 2) the physician's noncommunicative conduct prior to completing the DMV evaluation form, asserted as negligence, was necessarily related to the form itself, and thus was also protected by the litigation privilege.

Appellate Information

• Decided 02/15/2012
• Published 02/15/2012

Judges

• Willhite

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• James L. Pocrass Law Corporation, Fonda & Fraser