Protection of this information becomes increasingly more complicated when electronic records are involved, transmission or sharing of protected information occurs, or when the use of information is for purposes secondary to the collecting practitioner use in treatment Schweitzer,
List of Titles Sec. Liability of political subdivision and its employees, officers and agents.
Liability of members of local boards and commissions. A The negligent acts or omissions of such political subdivision or any employee, officer or agent thereof acting within the scope of his employment or official duties; B negligence in the performance of functions from which the political subdivision derives a special corporate profit or pecuniary benefit; and C acts of the political subdivision which constitute the creation or participation in the creation of a nuisance; provided, no cause of action shall be maintained for damages resulting from injury to any person or property by means of a defective road or bridge except pursuant to section 13a A Acts or omissions of any employee, officer or agent which constitute criminal conduct, fraud, actual malice or wilful misconduct; or B negligent acts or omissions which require the exercise of judgment or discretion as an official function of the authority expressly or impliedly granted by law.
The provisions of this subsection shall not apply if such damage or injury was caused by the reckless, wilful or wanton misconduct of such person. Court construed statute to provide action under Sec.
Common law action for nuisance is barred by section. Section allows plaintiffs to bring direct cause of action for negligence against municipality; in absence of reference to Sec. Whether driveway upon which plaintiff was driving was a private thoroughfare, thereby falling within the purview of section, or whether it was public, thereby falling within the purview of Sec.
Action was untimely and savings provision in Sec. Absent specific language in this section modifying common law rule of governmental immunity for claims of strict liability pursuant to Sec. Section does not bar recovery from a political subdivision where circumstances make it apparent to the public officer that his or her failure to act would be likely to subject an identifiable person to imminent harm.
Court provided jury with clear guidance on the issue of agency with respect to town's potential liability. Complaint alleging that city negligently failed to maintain a stairway in a reasonably safe condition constituted an allegation of negligent performance of a discretionary, rather than ministerial, act and therefore city was immune from liability pursuant to statute that exempts political subdivisions from liability for negligent acts of its employees that require the exercise of judgment or discretion.
Plaintiff's statutory negligence claims were barred by governmental immunity. Summary judgment granted for municipal defendants in matter where plaintiff alleged that defendant's failure to timely respond to call and provide effective medical care resulted in her son's death; plaintiff unable to invoke identifiable person, imminent harm exception to defendant's claimed governmental immunity because decedent was not identifiable nor was the harm imminent.
Liability in nuisance can be imposed on a municipality only if condition constituting the nuisance was created by positive act of the municipality.
Plaintiff's claim against city for intentional infliction of emotional distress by city employee is barred by governmental immunity. Appellate Court improperly concluded that plaintiff, the mother of a 6-year-old child attending after school program located within a public school, fell within identifiable person, imminent harm exception to governmental immunity; only persons recognized for purposes of exception are school children attending public schools during school hours.
Governmental immunity applicable to defendants, board of education and certain public school officials, because plaintiff, a summer program supervisor who slipped on urine in the school bathroom where program was located, was not an identifiable person subject to imminent harm because the potential for harm was neither sufficiently immediate nor sufficiently certain.
The identifiable person, imminent harm common-law exception to municipal employee's qualified immunity is also applicable in an action brought directly against a municipality under Subdiv.
Trial court properly struck plaintiffs' claims asserted pursuant to Subpara. C on grounds that defendants may not be held liable for damages caused by their failure to act to abate an alleged public nuisance because Subpara.
C contains a positive act requirement. Common law identifiable person, imminent harm exception to governmental immunity for discretionary acts applicable in action solely against municipality under Subdiv. Town is protected by governmental immunity and duty to warn of hazardous conditions is discretionary; failure to allege town owned or controlled land the use of which unreasonably interfered with plaintiffs' use or enjoyment of their property does not render nuisance claim insufficient, but motion to strike nuisance claim properly granted because plaintiffs could not have alleged facts sufficient to establish town created or participated in creating alleged nuisance or had duty to warn of risks.
Pertains only to municipal roads and bridges and not to state roads and bridges; town may be liable for nuisance on state highway if nuisance was created by the town; legislature sought to ensure that a person who sustains injuries or property damage as a result of a nuisance created by a municipality may recover against the municipality either by way of an action sounding in nuisance or, if the nuisance was created on a road or bridge that the municipality was legally responsible for maintaining, under Sec.
Specially chartered municipal corporation water supply company liable for negligent conduct when bicyclist rode her bike into gate on company property; gate was maintained in an unsafe and dangerous condition and maintenance of gate was inextricably linked to proprietary function of operating the company.
Police officers' duty to remain at the scene of a domestic violence incident was discretionary and not ministerial, therefore defendant municipality is entitled to governmental immunity. Under identifiable person-imminent harm exception to governmental immunity, the standard to determine whether harm was imminent is whether it was apparent to municipal defendant that the dangerous condition was so likely to cause harm that defendant had a clear and unequivocal duty to act immediately to prevent harm.
Language of section is clear and unambiguous in abrogating governmental immunity that common law gives to municipalities with respect to vicarious liability; parties need not comply with filing requirements of Sec. Although trial court improperly analyzed plaintiff's claims under Subsec.
Trial court properly struck plaintiffs' negligence claim where plaintiffs claimed that city's negligence in failing to ensure security of the building after city had taken the property by eminent domain resulted in plaintiffs property being stolen and destroyed; pursuant to Subdiv.
Because municipal status of city of New Haven was undisputed, the protection afforded under Subdiv.inner processes and products of the mind that lead to "knowing." o Includes all mental activity - attending, remembering, symbolizing, categorizing, planning, reasoning, problem solving, creating, and fantasizing.
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At first, the claim that atheism is a religion might sound ridiculous. It certainly can be a surprising claim. And it’s one that many people, including western atheists, might initially dismiss out of hand.
But there’s more to the story here. There is a case to be made that, in a very re. Federal Food, Drug, and Cosmetic Act. Nothing contained in chapter 9 (§ et seq.) of this title shall be construed as in any way affecting, modifying, repealing, or superseding the provisions of this chapter, see section (b) of this title.
The Word of Wisdom, A Modern Interpretation THE WORD OF WISDOM, A MODERN INTERPRETATION John A. Widtsoe Leah D. Widtsoe John A. Widtsoe and Leah D. Widtsoe. Cathy Lynn Henderson is an American woman sentenced to death in Texas on May 25, for the abduction and murder of 3-month-old Brandon Baugh.