Case law

Mason & Dixon Lines, Inc. v. Mognet

166 Pa. Commw. 1 · Commonwealth Court of Pennsylvania · Jul 13, 1994

As the trial court correctly noted, summary judgment is only appropriate when, after examining the record in favor of the nonmoving party, there is no genuine issue of material fact and the movant clearly establishes its … We conclude, therefore, that Penn Eastern and Mognet have failed to establish any duty, either at common law or by statute, owed to them by the Commission.

Kirk v. State

124 Utah Adv. Rep. 66 · Court of Appeals of Utah · Dec 27, 1989

A plaintiff cannot establish negligence without first establishing the existence of such a duty. Id. … Governmental immunity may be waived, however, where a plaintiff establishes a “negligent act or omission of an employee committed within the scope of his employment." Utah Code Ann. § 63-30-10 (1) (1989).

Salte v. YMCA of Metropolitan Chicago Foundation

351 Ill. App. 3d 524 · Appellate Court of Illinois · Aug 2, 2004

Although some of the equipment normally found in an intubation kit was on the premises, the nurse did not bring it because she was not qualified to use it. … Additionally, although the complaint alleges that the paramedic was “duly qualified,” the complaint fails to indicate whether the paramedic was certified and licensed and whether the paramedic was trained or qualified to

Komlosi v. Cuomo

99 A.D.3d 458 · Appellate Division of the Supreme Court of the State of New York · Oct 9, 2012

The jury was then instructed about Fudenberg’s affirmative defense of qualified immunity. … It concerns whether Fudenberg was protected by a qualified immunity.

Bord v. Baltimore County

220 Md. App. 529 · Court of Special Appeals of Maryland · Dec 17, 2014

, or establishes that ‘no reasonable officer could have believed that the conduct complained of was lawful.’” … Appellee contends that the circuit court considered appellant’s allegations in comparison with the case law concerning qualified immunity for public officials and correctly ruled that the actions of both officers were not

Lakim Mintrell Guild v. State

Texas Court of Appeals, 13th District · Jun 13, 2013

Section 271.152 of the Texas Local Government Code waives qualifying local governmental entities’ immunity from suit for certain breach of contract claims as follows: A local governmental entity that is authorized … The Texas Supreme Court has explained as follows: For section 271.152’s waiver of immunity to apply, three elements must be established: (1) the party against whom the waiver is asserted must be a “local

Giannelli v. St. Vincent's Hospital & Medical Center

160 A.D.2d 227 · Appellate Division of the Supreme Court of the State of New York · Apr 5, 1990

In 1985 the New York State Cardiac Surgical Advisory Committee, established by the State Commissioner of Health, evaluated the cardiac surgery unit at St. … (Public Health Law § 2805-j; Education Law § 6527); common-law qualified immunity (communications between persons having similar duties made in the course of official duty); lack of personal jurisdiction over defendants

Chavez v. Superior Court

20 Cal. Rptr. 3d 21 · California Court of Appeal · Sep 30, 2004

Additionally, “If a qualified *110 patient or primary caregiver has a doctor’s recommendation that this quantity does not meet the qualified patient’s medical needs, the qualified patient or primary caregiver may possess … The People concede that Chavez is a qualified patient pursuant to section 11362.5.

Honek v. Chidsey

182 N.E.3d 6 · Ohio Court of Appeals · Oct 28, 2021

Alternatively, the city contends that if this court finds that the city was acting in a proprietary function, appellees have failed to establish an exception to immunity that would allow the city to be held liable. … Finally, the city contends that even if the appellees establish an exception, then immunity is reinstated under R.C. 2744.02(A)(3) or (5). {¶ 12} Determining whether a political subdivision is immune from tort

JANE DOE, as next friend on behalf of JOHN DOE MINOR, a minor v. JOHN GARAGNANI, and CAMDENTON R-III SCHOOL DISTRICT

Missouri Court of Appeals · Oct 26, 2020

Public school teachers are public officials who may qualify for official immunity. Id. … “In short, [Defendants] simply did not establish through undisputed facts that [Teacher] was entitled to official immunity and judgment as a matter of law.”

Barnes v. Chicago Housing Authority

Appellate Court of Illinois · Dec 3, 2001

Specifically, section 1437r of the Housing Act provides: "A resident management corporation that qualifies under this section * * * shall enter into a contract with the public housing agency establishing the respective management … "The party who challenges a statute's constitutionality bears the heavy burden of clearly establishing the violation alleged." Rose v. Pucinski , 321 Ill. App. 3d 92, 96 (2001).

Plourde v. Police Department

85 Mass. App. Ct. 178 · Massachusetts Appeals Court · Apr 9, 2014

Sovereign immunity. First, the plaintiff claims *181 the judge erred in dismissing his Wage Act claim based on the theory of sovereign immunity. … Boston, 364 Mass. 403, 413 (1973), where the Supreme Judicial Court stated, “ ‘[Ojur well established principle of construction’ that, absent a clearly expressed legislative intent to the contrary, a Special Act ‘made in

D.L. ex rel. D.L. v. Huck

978 N.E.2d 429 · Indiana Court of Appeals · Oct 17, 2012

All of the actions complained of by the Family were only indirectly, at best, related to any court order or instruction, and were not sufficiently intertwined with the judicial process to qualify for quasi-judicial immunity … To establish standing, a plaintiff must demonstrate a personal stake in the outcome of the lawsuit and that the injury is a result of the defendant’s conduct. Id. at 339-40 .

Heaton v. Bristol

317 S.W.2d 86 · Court of Appeals of Texas · Oct 2, 1958

(As we read the provisions of the act establishing the College of Industrial Arts at Denton, heretofore quoted, we think it is clear that such school was established by the Legislature in recognition of the fact that the … has been established to meet and fill the total and diverse educational needs of the State.

Fisher v. State

268 A.D.2d 849 · Appellate Division of the Supreme Court of the State of New York · Jan 20, 2000

While the State enjoys qualified immunity with respect to matters involving traffic design engineering, it may be found negligent when the highway planning decision at issue evolved without adequate study or lacked a reasonable … While Fisher testified that he followed the black car ahead of him into the plaza and did not see oncoming traffic until his car was struck, this testimony does not establish that his negligence was the sole cause of the

Thompson v. Maimonides Medical Center

86 A.D.2d 867 · Appellate Division of the Supreme Court of the State of New York · Feb 16, 1982

Although a plaintiff ultimately may be able to overcome this defense by establishing malice, the malice question should not be decided at the pleading stage (Shapiro v Health Ins. Plan of Greater N. Y., supra, p 61). … An intentional tort committed by an employee against a coemployee cannot give the perpetrator of the act immunity under the Workers’ Compensation Law (Maines v Cronomer Val.

Albert E. Love v. Fulton County Board of Tax Assessors

821 S.E.2d 575 · Court of Appeals of Georgia · Dec 3, 2018

The doctrine of official immunity, also known as qualified immunity, offers public officers and employees limited protection from suit in their personal capacity. … In any event, sovereign immunity clearly barred the plaintiffs’ declaratory and injunctive relief claims against the Tax Board and other defendants in their official capacities. See Lathrop v.

Shirley Shelburne v. Frontier Health

Court of Appeals of Tennessee · Jul 13, 2001

Kirk’s status, the defendant contends, qualifies him as a “state employee,” as that term is defined in T.C.A. § 8-42-101(3)(D), and renders him absolutely immune for acts or omissions within the scope of his employment. … In order for Kirk to qualify as a “state employee” and thus have absolute immunity for acts or omissions committed within the scope of his employment, two requirements must be satisfied: (1) Kirk must be a member of a community-based

City of Houston v. Jose Alberto Corrales

Texas Court of Appeals, 1st District (Houston) · Mar 4, 2025

It is well-established that the Texas Tort Claims Act waives the City’s governmental immunity from suit and liability for personal-injury damages under these circumstances. … Any waiver must appear clearly and unambiguously in the statute. TEX. GOV’T CODE § 311.034; see also Rattray, 662 S.W.3d at 871 (stating that “precise scope” of waiver “must be clearly expressed”).

Holder v. Jacob

2024 NY Slip Op 03864 · Appellate Division of the Supreme Court of the State of New York · Jul 18, 2024

, defendants' failure to conclusively establish the immunity statute's applicability, as written, that compels our conclusion. … None, however, has found that a defendant established its entitlement to immunity for the acts or omissions of a medical provider under the Executive Order, where it had not established entitlement to such immunity under