Case law

Hartt v. County of Los Angeles

197 Cal. App. 4th 1391 · California Court of Appeal · Jul 13, 2011

. *1394 “The Plaintiffs remaining cause of action for negligence was also doomed by the exclusion of photographic evidence that clearly established Miller’s wanton lack of due care that lead to the death of Plaintiffs decedent … Expert Miller is qualified in the field of human factors: how motorists will react, their perception/ reaction time, and their accident avoidance.

Kimberlee Williams v. Liberty Mutual Fire Insurance Company

187 So. 3d 166 · Court of Appeals of Mississippi · Jul 21, 2015

Yet Stafford stated that she left Mississippi in July 2011, and from that time she intended to establish her domicile in Tennessee. The circuit court found Stafford established her domicile in Tennessee. … This scenario underscores the purpose of the grant of immunity.

Veolia Water Indianapolis LLC, City of Indianapolis Dept. of Waterworks, and City of Indianapolis v. National Trust Ins. Co. and FCCI Ins. Co. a/s/o Ultra Steak, Inc. d/b/a Texas Roadhouse

Indiana Court of Appeals · Aug 3, 2012

―The party seeking immunity bears the burden of establishing the immunity. … ―A judgment on the pleadings is proper only when there are no 8 genuine issues of material fact and when the facts shown by the pleadings clearly establish that the non-moving

Rossignol v. Silvernail

185 A.D.2d 497 · Appellate Division of the Supreme Court of the State of New York · Jul 16, 1992

Here, while the witnesses were not able to give a verbatim recitation of the slanderous quotations recited in the complaint, the language proved clearly embraced that alleged without material variation. … Nor do we find that the jury’s conclusion that defendants did not act in good faith in making the child abuse complaints so as to be entitled to the qualified privilege set forth in Social Services Law § 419 to be against

Tontodonati v. City of Paterson

229 N.J. Super. 475 · New Jersey Superior Court Appellate Division · Jan 5, 1989

N.J.S.A. 54:5-114.9, which provided that the assignee of a tax sale certificate at public sale who obtained legal conveyance from the owner would not be entitled to a refund from the municipality, saying that the statute clearly … However, giving the words their ordinary meaning, while the assignments could be "actions" in the most literal sense, the words "administrative action" are qualified by the term "instituting," which implies the start of some

Jamil Saifi v. City of Texas City

Texas Court of Appeals, 14th District (Houston) · Apr 21, 2015

However, Rule 26.1 clearly states that the appellate timetable is calculated from the date the judgment is signed. Id. … On appeal, Saifi contends that he does not rely on section 180.006 to waive the City’s immunity as to his contract claims, and he asserts that back pay for lost wages “is clearly a monetary benefit [he] was entitled to absent

LeGRANDE v. Department of Corrections

920 A.2d 943 · Commonwealth Court of Pennsylvania · Mar 30, 2007

Before this Court, LeGrande argues that the Manual clearly constitutes an essential component of DOC’s decision making regarding the implementation of sentencing. … LeGrande also notes that DOC merely asserted the protections without properly establishing them.

University of Texas Southwestern Medical Center at Dallas v. Gentilello

317 S.W.3d 865 · Texas Court of Appeals, 5th District (Dallas) · Jul 21, 2010

Emergency services must be organized under the direction of a qualified member of the medial staff and the policies and procedures governing medical care provided in the emergency service or department must be established … Emergency services must also be supervised by a qualified member of the medical staff. 42 C.F.R. § 482.55 .

Li v. Wong

170 Mich. App. 256 · Michigan Court of Appeals · Jul 19, 1988

While the three-justice plurality led by Justice Brickley clearly holds that there is no intentional nuisance exception to governmental immunity, 1 we do not believe that the opinions of the concurring justices can be read … That opinion clearly indicates that Justice Archer believes that intentional nuisance should remain an exception to governmental immunity, stating that he "would hold that trespass, nuisance, and intentional nuisance, as

Poppen v. Tovey

256 Mich. App. 351 · Michigan Court of Appeals · Jun 13, 2003

The trial court granted summary disposition in favor of defendant Tovey after concluding that the undisputed facts did not establish that Tovey had acted in a grossly negligent manner in failing to mark the area behind his … Noting the well-established principle that the statutory exceptions to governmental immunity must be narrowly construed, the Court concluded that the phrase “ ‘operation of a motor vehicle’ means that the motor vehicle is

Lang v. Lions Club of Cudahy Wis., Inc.

384 Wis. 2d 520 · Court of Appeals of Wisconsin · Oct 23, 2018

the land. 3 In Leu , this court concluded that two nonprofit snowmobile groups were occupiers of the property such that they qualified as "owners" for purposes of WIS. … The court focused on two questions to answer whether the contractor had been an "agent" of the owner for purposes of qualifying for recreational immunity. Id. , ¶ 37.

Harris v. State

82 Md. App. 450 · Court of Special Appeals of Maryland · May 1, 1990

It is clearly and unequivocally established that a conspiracy and a substantive crime conspired at are not “the same offense” within the contemplation of double jeopardy law. No merger is required or even permitted. … Its relevance, its competence, and its significance aside, it clearly was rebutting the defense testimony about misidentification.

Lacey v. Village of Palatine

379 Ill. App. 3d 62 · Appellate Court of Illinois · Feb 4, 2008

The court determined that the limited immunity in section 305 of the Domestic Violence Act clearly works in concert with the requirements in section 304: “section 304 creates duties; section 305 limits civil liability for … Defendants had the burden of proof in establishing their immunity. Van Meter, 207 Ill. 2d at 370 . They failed to do so.

Sean M. v. City of New York

20 A.D.3d 146 · Appellate Division of the Supreme Court of the State of New York · May 24, 2005

Plaintiffs fail to advance any ground to warrant excluding this case from the qualified immunity afforded by Social Services Law § 419. … Thus, we conclude that neither the City nor LWS has established a right to immunity in this matter. To the extent that Ross v City of New York ( 302 AD2d 232 [2003]) may be read to the contrary, we overrule it.

Building Contractors Ass'n v. State

218 A.D.2d 722 · Appellate Division of the Supreme Court of the State of New York · Aug 21, 1995

To hold otherwise would be to immunize all such legislation from judicial review, a proposition without support in case law or statute. … Clearly the amendments are meant to immunize or exempt, rather than to facilitate, and therefore, result in special treatment for the counties named.

COOSA VALLEY TECHNICAL COLLEGE v. West

299 Ga. App. 171 · Court of Appeals of Georgia · Jul 15, 2009

must be established by the party seeking to benefit from that waiver; thus, the plaintiffs had the burden óf establishing waiver of sovereign immunity. … As set forth below, the trial court erred in denying the State Defendants’ motion to dismiss because the Wests failed to carry their burden of establishing a waiver of sovereign immunity. 2.

Considine v. Murphy

327 Ga. App. 110 · Court of Appeals of Georgia · Mar 26, 2014

Thus, the party seeking to benefit from the waiver of sovereign immunity has the burden of proof to establish waiver, and the trial court’s pre-trial ruling on factual issues necessary to decide the OCGA § 9-11-12 (b) (1) … Clearly, the evidence establishes that the trial court determined that a receiver should be appointed pursuant to OCGA § 9-8-1 etseq., and the consent order and stipulated amended consent order established that the parties

Brown v. Parish of East Baton Rouge

126 So. 2d 173 · Louisiana Court of Appeal · Dec 19, 1960

Natchitoches Parish School Board, 238 La. 388 , 115 So.2d 793 , overrule the jurisprudence established in Clinton v. … from liability vel non from torts committed in the exercise of a governmental function, which has been established by the jurisprudence of this state and holds that such immunity does not exist with respect to municipalities

Eldridge v. Sierra View Local Hospital District

224 Cal. App. 3d 311 · California Court of Appeal · Oct 2, 1990

bylaw was a legislative act; second, that they are qualifiedly immune since their actions did not violate a clearly established constitutional right of which a reasonable person would have been aware; third, they are immune … As to the violation of section 3203, the hospital, its board and administrator are clearly immune from damages.

Rodriguez v. Perez

99 Wash. App. 439 · Court of Appeals of Washington · Feb 22, 2000

Moreover, permitting negligence actions against law enforcement officials does not leave them without statutory and common law qualified immunity. … That clearly refers to a prosecutorial function. In short, whether the prosecuting attorney is entitled to immunity for acts taken pursuant to RCW 26.44 is resolved by traditional immunity analysis.