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5 Ohio App. 2d 57 · Ohio Court of Appeals · Jan 25, 1966
The comments in Standard Fire as to nuisance are also clearly dicta. … Perhaps it was an ‘ ‘ absolute ’ ’ nuisance and not merely a ‘ ‘ qualified ’ ’ one.
Cited 1 timesPublishedMoraccini v. City of Sterling Heights
296 Mich. App. 387 · Michigan Court of Appeals · May 1, 2012
Clearly, the curb cutout was designed to make pedestrian travel easier for all individuals, not for ease in vehicular travel. We shall, however, review a couple of cases addressing curbs in general. … A curb cutout is conducive, and is intended to be conducive, to pedestrian travel, and it qualifies as part or an extension of the sidewalk.
Cited 179 timesPublishedPeople Ex Rel. Lungren v. Peron
59 Cal. App. 4th 1383 · California Court of Appeal · Dec 12, 1997
Respondents, operating a commercial enterprise selling marijuana to any qualified public purchaser, do not qualify as “ ‘primary caregiver[s]’ ” of each such purchaser under section 11362.5(e) by simply obtaining from the … Respondents do not consistently assume responsibility for the health or safety of their customers qualified for the medicinal use of marijuana, and hence do not qualify as their primary caretakers as contemplated by section
Cited 37 timesPublished625 S.W.3d 398 · Court of Appeals of Arkansas · May 12, 2021
CrossRidge argues on appeal that it established entitlement to summary judgment on the basis of charitable immunity. … Clearly, summary judgment is even less appropriate when there are disputed issues of material fact.
Cited 2 timesPublishedCalifornia Court of Appeal · Jan 19, 2017
Immunity—LAMC Section 45.19.6.3, Subdivision E In regard to LAMC section 45.19.6.2, the trial court determined defendants did not qualify for immunity under LAMC section 45.19.6.3 because they failed to satisfy the … Thus, the use of the disjunctive clearly expresses that the failure to obtain registration either in 2011 or 2012 will suffice to disqualify the defendant from immunity.
Cited 0 timesPublishedColantonio v. Mercy Medical Center
135 A.D.3d 686 · Appellate Division of the Supreme Court of the State of New York · Jan 13, 2016
The defendants established, prima facie, that they were entitled to a qualified privilege under 42 USC § 11111 (a), part of the Health Care Quality Improvement Act, which creates a qualified privilege for information provided … Among other things, he argues in his brief that he “clearly should be given the opportunity to depose each and every one of the Appellants.”
Cited 15 timesPublished2023 Ohio 4829 · Ohio Court of Appeals · Dec 29, 2023
Even if the record established that Mr. Jones could be considered a “qualifying adult[,]” the record is also devoid of any evidence indicating that Mr. … Jones’s burden to establish error on appeal, and he has failed to do so. State v. Grether, 9th Dist. Summit No. 28977, 2019-Ohio- 4243, ¶ 16, quoting State v. Patel, 9th Dist.
Cited 1 timesPublished88 N.C. App. 495 · Court of Appeals of North Carolina · Feb 2, 1988
of its governmental immunity. … The Center was established pursuant to the general provisions of N.C.G.S. Sec. 122C et seq. (1986).
Cited 13 timesPublished569 S.W.3d 247 · Texas Court of Appeals, 8th District (El Paso) · Nov 28, 2018
“An act is ministerial when the law clearly spells out the duty to be performed by the official with sufficient certainty that nothing is left to the exercise of discretion.” Anderson v. … But if both a qualified spouse and a qualified child survived the member, the spouse would receive a two-thirds pension payment and the qualified child or children would receive a one-third pension, totaling 100 percent
Cited 1 timesPublishedthe Gulf Coast Center v. Daniel Curry, Jr.
Texas Court of Appeals, 1st District (Houston) · Feb 6, 2020
Applicable law and standard of review Under the common law, immunity from liability and immunity from suit are discrete aspects of governmental immunity. Rusk State Hosp. v. … The TTCA provides a limited waiver of governmental immunity—either immunity from suit or immunity from liability—under specified circumstances.
Cited 0 timesPublished162 So. 3d 236 · District Court of Appeal of Florida · Feb 23, 2015
Apthorp’s case arises under Chapter 86, the Declaratory Judgment Act, which authorizes trial courts to render declaratory judgments on the existence, or non-existence, of any immunity, power, privilege, or right. § 86.011 … within a qualified blind trust.
Cited 9 timesPublishedthe City of Houston v. Sharon King, Carl Hughes
Texas Court of Appeals, 1st District (Houston) · May 23, 2002
Official Immunity Claims Official or qualified immunity protects governmental employees in their individual capacity, whereas sovereign immunity protects governmental entities from liability. DeWitt v. … Because the official immunity of the individual officer was not established, the City was not entitled to derivative immunity.
Cited 0 timesPublishedHumana of Florida, Inc. v. McKaughan
652 So. 2d 852 · District Court of Appeal of Florida · Mar 3, 1995
The gravamen of their supplementary petition was that the injury to their son did not qualify as a birth-related neurological injury as defined in the Plan. … immunity is an affirmative defense to a traditional tort action.
Cited 21 timesPublished897 S.W.2d 843 · Texas Court of Appeals, 4th District (San Antonio) · Feb 15, 1995
Leeper is unclear as to whether the Declaratory Judgments Act waives immunity for governmental officials. … However, we do not need to reach a determination on the applica *848 bility of Leeper , because individual governmental officials enjoy a qualified common-law immunity from personal liability when performing discretionary
Cited 8 timesPublished316 Ga. App. 883 · Court of Appeals of Georgia · Jul 13, 2012
Because Colon and Warren sought to benefit from the waiver of the County’s sovereign immunity from suit, they had the burden of establishing the waiver. Id.; Dept. of Transp. v. Dupree, 256 Ga. … The parties do not dispute that Fulton County qualifies as a “public employer” under OCGA § 45-1-4 (a) (4) because it is a “local or regional governmental entity that receives any funds from the State of Georgia or any state
Cited 14 timesPublishedthe City of Fort Worth v. Janet Anne Lane
Texas Court of Appeals, 2nd District (Fort Worth) · Dec 22, 2011
In one issue, Fort Worth argues that Lane did not establish a waiver of immunity under the Texas Whistleblower Act because she did not make a good faith report of a violation of law. … Because we hold that Lane established a waiver of immunity under the Whistleblower Act, we affirm the trial court’s order.
Cited 0 timesPublished150 N.C. App. 601 · Court of Appeals of North Carolina · Jun 18, 2002
Kilbride moved to dismiss the action on the grounds of qualified immunity; the trial court denied that motion as well as Dr. … Kilbride moved for summary judgment based on qualified immunity. The trial court denied the motion for summary judgment. Dr.
Cited 18 timesPublishedYerkes v. Heartland Career Center
661 N.E.2d 558 · Indiana Court of Appeals · Dec 27, 1995
corporation, or *561 (x) board or commission of one (1) of the entities listed in subdivisions (1) through (9); Yerkes argues that although Heartland is a school, it is not a school corporation and, thus, that Heartland does not qualify … However, Heartland is a vocational school established pursuant to statutory authority granted only to school corporations.
Cited 8 timesPublished183 Md. App. 15 · Court of Special Appeals of Maryland · Oct 31, 2008
These words of the General Assembly clearly indicate that H.B. 908 did not codify the common law public official immunity doctrine as a whole. … ] statute [CJP § 5-507] was to codify existing public official immunity, and not to extend the scope of qualified immunity beyond its Maryland common law boundaries.
Cited 6 timesPublishedAudrey West v. Department of Natural Resources
Michigan Court of Appeals · Aug 6, 2020
“It is well established that governmental immunity is not an affirmative defense, but is instead a characteristic of government.” … It is a plaintiff’s burden to plead and prove facts establishing an exception to governmental immunity. Fairley, 497 Mich at 298, 300; Mack, 467 Mich at 198.
Cited 0 timesPublished
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