§ 6-836.1

Maryland § 6-836.1

• Jurisdiction: Maryland
• Article gen: Environment
• Title: 6

Text

In an action in which the owner’s immunity from liability under § 6-835 or § 6-836 of this subtitle is challenged, upon motion by any party and prior to authorizing further proceedings in the action, the court shall:

(1) Allow discovery limited solely to the issue of the owner’s immunity under § 6-835 or § 6-836 of this subtitle;

(2) Determine if there are any disputes of material fact as to whether the owner is entitled to immunity under § 6-835 or § 6-836 of this subtitle;

(3) Hold an evidentiary hearing on issues of material fact as to the immunity, if any, which shall, upon request of any party, be before a jury; and

(4) Determine as a matter of law whether the owner is entitled to immunity from liability under § 6-835 or § 6-836 of this subtitle.