Is a driver's license immaterial in determining whether Gearhart was negligent at the time and place of the accident?
California, United States of America
The following excerpt is from Lehmuth v. Long Beach Unified School Dist., 2 Cal.Rptr. 279, 348 P.2d 887, 53 Cal.2d 544 (Cal. 1960):
There is no question that possession of a driver's license is immaterial in determining whether Gearhart himself was negligent at the time and place of the accident. If an accident occurs, the determination of care or lack of care must be determined from the facts of the accident. (Strandt v. Cannon, 29 Cal.App.2d 509, 518, 85 P.2d 160.)
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