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Herring v. Department of Social and Health Services

decided: March 29, 1996.

JOHN HERRING, RESPONDENT/CROSS-APPELLANT,
v.
DEPARTMENT OF SOCIAL AND HEALTH SERVICES, A PUBLIC CORPORATION; STATE OF WASHINGTON, CHERYL TURK, APPELLANTS/CROSS-RESPONDENTS.



Orginal Opinion of January 16, 1996.

Seinfeld, C.j., Morgan, J., Houghton, J., concur

Author: Seinfeld

Order ON RECONSIDERATION AND AMENDING OPINION

Respondent, John Herring and the Washington Coalition of Citizens with Disabilities, a non-party on appeal, move this court for publication of the opinion in this case. The court believes that the opinion should be amended, now, therefore, it is hereby

Ordered that the final paragraph reading "A majority of the panel having determined that this opinion will not be printed in the Washington Appellate Reports, but will be filed for public record pursuant to RCW 2.06.040, it is so ordered" is deleted. It is further

Ordered that this opinion will be published. It is further

Ordered that the opinion is amended as follows:

Line 10 on page 14 shall read as:

and a ruling denying summary judgment "based upon the presence of material disputed facts" is not reviewable after trial

The third sentence on page 37 which reads

Determination of reasonable accommodation appears to be a precursor to finding it to be permissible to not hire or fire someone on the basis of disability. Clarke, 106 Wash. 2d at 118.

shall become footnote 15 and all subsequent footnotes are renumbered accordingly.

Accordingly, ...


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