Case law

Alana M. v. State of California

California Court of Appeal · Mar 29, 2016

We begin with a brief discussion of the purpose of the natural condition immunity and cases applying the immunity before addressing Alana’s specific argument that the tree that injured her qualifies as “improved” public property … For his position that it was the location of the injury that determined whether the immunity applied, the plaintiff in Meddock relied on Eben’s statement that, “ ‘to qualify public property as improved so as to take it outside

Snyder v. North Allegheny School District

722 A.2d 239 · Commonwealth Court of Pennsylvania · Dec 24, 1998

Tort Immunity Act. … In effect, the School District is arguing that Barbara Yankasky was not qualified as an expert witness to render such a diagnosis.

Tex. Facilities Comm'n v. Speer

559 S.W.3d 245 · Court of Appeals of Texas · Aug 31, 2018

if the statute is ambiguous. 9 To establish jurisdiction through a waiver of immunity, Speer relies on the TTCA, "a unique statutory scheme" in which sovereign immunity from suit is waived to the extent of liability that … It follows from the foregoing analysis that Speer can establish a waiver of immunity under the TTCA only by satisfying the licensee standard imposed by Section 101.022, Subsection (a) -including the element of the Commission's

Ratliff v. McDonald

326 Ga. App. 306 · Court of Appeals of Georgia · Mar 18, 2014

And “[any] waiver of sovereign immunity must be established by the party seeking to benefit from that waiver.” (Citation and punctuation omitted.) McCobb, 309 Ga. App. at 218 (1) (a). … We note the Deputies may also have had a potential immunity defense to those claims. 8 The doctrine of official immunity, also known as qualified immunity, affords limited protection to public officers and employees for discretionary

the Gulf Coast Center v. Daniel Curry, Jr.

Texas Court of Appeals, 1st District (Houston) · Sep 10, 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.

K.G. Sheehan Vello v. D. DeMarco

Commonwealth Court of Pennsylvania · Jul 10, 2025

Because we conclude the facts averred do not establish with certainty that immunity applies, we affirm Common Pleas’ decision. … Without further factual development establishing the nature and purpose of the Board’s meeting, we agree with Common Pleas that DeMarco is not entitled to quasi-judicial immunity.

Riehm v. Green Springs Rural Volunteer Fire Dept.

122 N.E.3d 226 · Ohio Court of Appeals · Oct 9, 2018

He argued that while it was clear that Lorri’s death was a tragic accident, the evidence did not establish that Knieriemen’s actions were in bad faith, wanton, or reckless to remove immunity. … Thus in the first tier analysis, GSRVFD would qualify for the immunities in R.C. 2744.02, and Knieriemen as its employee, would as well. d.

Abdallah v. OCCUPATIONAL CENTER OF HUDSON CTY., INC.

351 N.J. Super. 280 · New Jersey Superior Court Appellate Division · May 30, 2002

Clearly, OCHC is not a religious organization. For the reasons we hereafter explain, it appears that it is also not an educational organization within the intendment of the statute. … We do not regard this function as exclusively educational in any traditional, usual or common-language sense although, clearly, by virtue of the nature of its function, it potentially qualifies as a charitable endeavor. [

Clemons v. Cardington

2022 Ohio 513 · Ohio Court of Appeals · Feb 18, 2022

I., III. {¶13} In Appellant’s First and Third Assignments of Error, Appellant argues Appellee failed to establish a genuine issue of material fact as to whether Appellant is entitled to political subdivision immunity … The third tier is to determine whether the political subdivision is entitled to a defense or qualified immunity under R.C. 2744.03(A). Vasquez-Comer v. City of Toledo, 6th Dist. Lucas No.

Amesquita v. Gilster-Mary Lee Corp.

408 S.W.3d 293 · Missouri Court of Appeals · Sep 10, 2013

Second, the amendments removed the qualifier that the statutory definition of “accident” applied “unless a different meaning is clearly indicated by the context.” Id. … This qualifier had formerly allowed courts to adopt a broader definition of “accident” when the context so required. Id.

City of San Antonio v. Valemas, Inc.

Texas Court of Appeals, 4th District (San Antonio) · Jun 13, 2012

Payne’s pass through claim, as asserted by Valemas, clearly “arises from” the contract between the City and Valemas. … As noted by supporters of the bill, because of the threat of immunity, many qualified contractors declined to bid on local government projects, considering it too risky.

Dudley v. City of Tampa

912 So. 2d 322 · District Court of Appeal of Florida · May 13, 2005

Also at this time, the Mayor's Challenge Fund was established, a central component of which was to make money available to qualified individuals who were traditionally unable to buy homes. … Because Appellants have not established that the City had a statutory or common law duty to them based on the allegations in the third amended complaint, we need not reach the issue of whether sovereign immunity insulated

Rebecca Goch v. the Edison Institute

Michigan Court of Appeals · Oct 17, 2025

wanton” misconduct that would fall outside the EALA’s immunity provisions, and (3) the principle of res ipsa loquitur failed to establish an independent cause of action. … Thus, plaintiff has failed to establish that the trial court erred in granting the defendant summary disposition based on the immunity provisions provided under the EALA. Affirmed.

Jefferson County, Tennessee v. Wilmoth Family Properties, LLC

Court of Appeals of Tennessee · Feb 1, 2021

From a time and effort perspective, wedding events are clearly secondary to the amount of work which the Wilmoths put into working their farm. … The principles of statutory interpretation are well established.

Webber v. Ohio Dep't of Pub. Safety

103 N.E.3d 283 · Ohio Court of Appeals · Dec 21, 2017

on appellant's defamation claim and the immunity issue. … In it, appellant argues "this situation clearly involves an allegation that [appellant] did not perform her job duties because of bias or prejudice," which constitutes defamation per se. (Memo. Contra at 4.)

Murphy v. City of Topeka

6 Kan. App. 2d 488 · Court of Appeals of Kansas · Jun 19, 1981

Training Act (CETA) and to establish the Topeka-Shawnee County Consortium. … Even assuming arguendo that such immunity did exist, that immunity would not extend to the individual defendants based upon the allegations of plaintiff’s petition.

Locus v. Fayetteville State University

102 N.C. App. 522 · Court of Appeals of North Carolina · Apr 16, 1991

The defendants filed an answer to her complaint asserting various defenses, including lack of personal jurisdiction, failure to state a claim upon which relief could be granted, sovereign immunity, qualified immunity and … However, Raintree is clearly distinguishable from the case at hand in that the plaintiff there was found to have waived his objection to the 10-day notice requirement under Rule 56 by fully participating in the hearing and

People v. Hupp

California Court of Appeal · Oct 25, 2023

In the government context, “executive” has a specific and well-established meaning. … But the People cite no authority for the proposition that judges are administrative or ministerial officers, which they clearly are not.

State ex rel. Hostetter v. Hunt

24 Ohio Law. Abs. 350 · Ohio Court of Appeals · Nov 15, 1936

date said persons have been the duly appointed, qualified and acting executors of the last will and testament of Carrie Jacobs Brown and of her estate. … defaults, not an immunity from the collection of a valid tax.

Donna Sturkin and Vicky Patrick v. Mississippi Association of Supervisors, Inc.

Court of Appeals of Mississippi · Nov 24, 2020

But acting within the scope of one’s employment is also irrelevant to establishing the defense of qualified immunity in civil rights cases. … A government official enjoys qualified immunity if his conduct does not violate a clearly establish statutory or constitutional right that a reasonable person would have known. Pearson v.