A state appeals court says it’s OK for a driver’s license examiner to sue a person taking the driver’s test if there’s a wreck and the examiner gets hurt.

A lower court judge had ruled the examiner was not entitled to damages because she assumed that risk when she took the job. But the appeals court says even unlicensed drivers are required to drive “with the highest degree of care.” The examiner says she suffered a shoulder injury when the woman taking the test jammed on the brakes at a red light.