In May 2010, plaintiffs’ decedent William Francis Powers, 90, was a passenger in a vehicle operated by his live-in girlfriend of 30 years, Lorraine Sullivan, 86, who was diagnosed by her internist in 2007 as suffering from memory loss. Earlier that year, in January 2010, Powers voluntarily gave up his license. That same year, Sullivan was diagnosed with dementia. Despite this diagnosis, Sullivan still drove. As a result, Powers was getting a ride from Sullivan in May 2010 when she took a left hand turn against a red light into oncoming traffic, causing a collision. Powers subsequently died in the hospital as a result of his several weeks later. The decedent’s adult children, Andrea Wooldridge and William Craig Powers, sued Sullivan; Sullivan’s internist, Arthur Daigneault; and the driver of the vehicle that hit Sullivan, Robert Hammond. They alleged that Sullivan and Hammond were negligent in the operation of their respective vehicles, and that Daigneault was negligent for allowing Sullivan to continue driving. Hammond was ultimately dismissed from the case prior to trial. Thus, the matter proceeded against Sullivan and Daigneault only. Plaintiffs’ counsel contended that Daigneault treated Sullivan for 14 years and had started her on Aricept and Namenda, two medications approved by the Food and Drug Administration for use on Alzheimer’s patients, shortly after diagnosing Sullivan with memory loss in 2007. Counsel also contended that in an 18-month period, Daigneault performed two Mini-Mental State Exams on Sullivan, which declined four points during that interval. Thus, plaintiffs’ counsel argued that Daigneault should have reported Sullivan to the local health authority, such as the Department of Motor Vehicles, for review of whether she should have been driving and that by his not doing so, Daigneault violated Health & Safety Code § 103900. Counsel further argued that given the fact that Sullivan had been diagnosed with dementia, had falling scores on her MMSE, had been taking Alzheimer’s medication and was 86 years old, Daigneault should have been prompted to refer Sullivan to the local health facility and/or the DMV for a review of whether she should be driving. Plaintiffs’ counsel contended that as a result of Daigneault’s failure to follow up on whether his patient should be driving, Sullivan’s dementia resulted in confusion, poor judgment and disorientation, leading to the accident which killed William Francis Powers. Defense counsel contended that Sullivan was fully independent in all activities of daily living and that other than being forgetful, she had no other medical conditions that in any way affected her ability to drive. Counsel also contended that pursuant to Health & Safety Code § 103900, Sullivan did not have a mandated reportable condition. Finally, defense counsel argued that there was no evidence to show that had Sullivan been reported to the DMV, that the DMV would have revoked her license, nor was there any evidence that her dementia played a role in the accident. Sullivan went filed for bankruptcy and was dismissed from the case., William Francis Powers sustain multiple traumatic in the accident and was taken to a hospital. He ultimately died six weeks later. He was 90. The decedent left behind two adult children. The decedent’s only children sought recovery of wrongful death damages for the loss of their father, whom they claimed they were very close to.