Legal Opinion

Rutherford v. DeKalb County

Court of Appeals of Georgia

Decided August 28, 2007No. A07A1604PublishedCited by 21 opinions

1Opinion of the Court

BLACKBURN, Presiding Judge.

In this personal injury action arising from DeKalb County’s alleged failure to maintain a water meter cover, Donna Rutherford appeals the trial court’s dismissal of her claims, arguing (1) that the County is liable for negligent performance of a nongovernmental or ministerial function, and (2) that the County is also liable under a theory of nuisance. As the County is entitled to sovereign immunity for the claims Rutherford brought, we affirm.

In reviewing the grant of a motion to dismiss, an appel-' late court must construe the pleadings in the light most favorable…

2Cases cited15 opinions

  1. Gilbert v. RichardsonSupreme Court of Georgia · 1994
  2. Miree v. United StatesSupreme Court of Georgia · 1978
  3. City Council of Augusta v. ClevelandSupreme Court of Georgia · 1919
  4. Mayor of Savannah v. JonesSupreme Court of Georgia · 1919
  5. Howard v. Gourmet Concepts International, Inc.Court of Appeals of Georgia · 2000

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3Cited by21 opinions

  1. Georgia Department of Natural Resources v. Center for a Sustainable Coast, Inc.Supreme Court of Georgia · 2014
  2. BOARD OF COM'RS OF GLYNN COUNTY v. JohnsonCourt of Appeals of Georgia · 2011
  3. Davis v. Effingham County Board of CommissionersCourt of Appeals of Georgia · 2014
  4. Weaver v. City of StatesboroCourt of Appeals of Georgia · 2007
  5. Bartow County v. Southern DevelopmentCourt of Appeals of Georgia · 2014

16 more not listed; retrieve them via the Exa API.

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