Case law

Kimberly Marie Erickson Ex Rel Lily Marie Price v. Jeanne Walker

Court of Appeals of Georgia · Jun 15, 2021

While a written policy is not the only means of establishing a ministerial duty Hill v. Jackson, 336 Ga. … A21A0023 Even if there were a jury question as to qualified immunity, we would still affirm the grant of summary judgment.

Woodard v. North Carolina Local Governmental Employees' Retirement System

110 N.C. App. 83 · Court of Appeals of North Carolina · May 4, 1993

immunity; (4) defendants were protected from suit for any state claims by reason of the doctrine of official immunity; (5) plaintiff had not stated a claim for breach of fiduciary duty against certain defendants; and (6) … plaintiffs suit was barred pursuant to the doctrine of sovereign immunity.

Prairie View a & M University v. Chatha

317 S.W.3d 402 · Texas Court of Appeals, 1st District (Houston) · Apr 1, 2010

Asserting that the Ledbetter Act is applicable to the Texas Act through the stated policy of the Texas Act, Chatha contends that her claim was timely and a waiver of the State’s immunity was established. … Garcia, 253 S.W.3d 653, 660 (Tex.2008) (“All the courts of appeals that have considered it have concluded that the [Texas Act] clearly and unambiguously waives immunity, and we agree.”).

Hamburger v. Henry Ford Hospital

91 Mich. App. 580 · Michigan Court of Appeals · Aug 6, 1979

Non-emergency admissions have careful, even exhaustive, admissions procedures, clearly establishing the hospital-patient relationship before the patient enters the hospital. … In Michigan, hospitals clearly have derivative liability for negligence of their employees in dealing with their patients within the scope of their authority and sometimes even for non-employees.

Phillips v. Ohio Department of Natural Resources

26 Ohio App. 3d 77 · Ohio Court of Appeals · Dec 12, 1985

Rather, existing authority clearly demonstrates that Ohio has not adopted the expansive view in the area of sovereign immunity for which appellants contend. … This court, however, must decide this case on what it understands are the present parameters of immunity that apply to these facts in Ohio as established by the General Assembly and the Ohio Supreme Court.

Saldivar v. Momah

145 Wash. App. 365 · Court of Appeals of Washington · Jun 24, 2008

Klingbeil is not qualified to opine on psychiatric conditions.” … Nor does the defense counsel’s use of the word “jury” establish “actual notice” of a jury demand.

Rather v. Allen County War Memorial Hospital

429 S.W.2d 860 · Court of Appeals of Kentucky · Jun 28, 1968

The county was not made a party until after the statute of limitations had run, so clearly the action against the county was barred by limitations unless somehow the original suing of the individual members of the fiscal … Since KRS 67.186 creates an exception to immunity and since that exception is by legislative enactment separate and' apart from Section 231 of the Kentucky Constitution (which establishes immunity) it was incumbent upon the

Donna Davis v. Brantley County School District

334 Ga. App. 684 · Court of Appeals of Georgia · Nov 23, 2015

Smith, 285 Ga. 592, 593 (678 SE2d 922) (2009) (“The doctrine of official immunity, also known as qualified immunity, protects individual public agents from personal liability for discretionary actions taken within the scope … Because the evidence does not establish that Horne was acting within the scope of his duties as a public employee entitled to the protection of official immunity, rather than as a private person, the trial court erred in

Progress Michigan v. Attorney General

Michigan Court of Appeals · Jun 19, 2018

] -4-  It is a clearly established principle that “when the Legislature specifically qualifies the ability to bring a claim against the state or its subdivisions … Even “ ‘post-Court of Claims Act’ legislation waiving suit immunity . . . is limited by the terms and conditions of jurisdiction established in the Court of Claims Act.”

In re Internet Lending Cases

California Court of Appeal · Aug 17, 2020

“Put simply, a state may claim immunity from suit in federal court and must be dismissed from the litigation unless there exists one of two well-established exceptions. … According to Rosas, by agreeing to assume CLK’s liabilities, AMG “ ‘clearly contemplated suits’ and thereby waived any immunity it otherwise would have had.”

Texas Department of Mental Health & Mental Retardation v. Lee

38 S.W.3d 862 · Court of Appeals of Texas · Feb 15, 2001

resolution. 15 “It is a well-established rule that for the Legislature to waive the State’s sovereign immunity, it must do so by clear and unambiguous language.” 16 We are mindful, however, that the rule requiring a waiver … a plaintiffs injury must have directly result *869 ed from the condition of the property. 37 Because the patient’s sexual assault was not the direct result of the hole in the fence, the court held the patient failed to establish

Daniel L. Taylor v. The Curators of the University of Missouri

Missouri Court of Appeals · Jun 2, 2020

Because the trial court’s ruling does not qualify as a “final judgment” pursuant to section 512.020(5),1 Wilson v. City of St. Louis, No. … Curators argued that Count II should be dismissed because Taylor failed to plead facts establishing that an exception to sovereign immunity applied that would subject Curators to liability under the MMPA.

Christopher Shane Strickland, Sr., on behalf of and as Next Friend of Christopher Shane Strickland, Jr. v. Rankin County School District

Court of Appeals of Mississippi · Jun 8, 2021

In Prince, high school football coaches were entitled to qualified immunity from a student’s claim that he suffered a heat stroke during football practice due to the coaches’ negligence; there was no evidence that the … The district is not immune simply because the injury occurred within a cross-country athletic program any more than Pratt can be followed in finding all that occurs in a municipal airport qualifies for immunity.

Jimenez v. Department of Financial & Professional Regulation

2020 IL App (1st) 192248 · Appellate Court of Illinois · Dec 28, 2020

The sole issue in that case was whether the absolute immunity provided by one statute or the limited immunity provided by a different statute applied to the claims. Id. … There was a clear conflict among the statutory provisions as both immunities could not apply.

Mohler v. City of St. Louis Park

643 N.W.2d 623 · Court of Appeals of Minnesota · May 7, 2002

or vicarious official immunity. … Thus, even presuming the city's mistake could qualify under the statute, such mistake does not qualify under the plain language of the city’s code. 4 .

Campo Band of Mission Indians v. Superior Court

39 Cal. Rptr. 3d 875 · California Court of Appeal · Mar 1, 2006

The regulation appears to clearly state that the Tribe waives its sovereign immunity from suit solely with regard to the enforcement of an award obtained in arbitration. … The necessary corollary of this limitation on waiver of immunity is that the Tribe has not clearly waived it sovereign immunity as to any other aspect of the patron’s claim or the arbitration process.

Bellnoa v. City of Austin

894 S.W.2d 821 · Court of Appeals of Texas · Mar 15, 1995

Although the words “under this chapter” do not unequivocally provide that section 101.0215 is subject to section 101.021, neither do the words of section 101.0215 clearly and unambiguously waive sovereign immunity. … Because the statutory language does not clearly and unambiguously waive sovereign immunity, and in view of the stated legislative intent, we hold that section 101.0215 is not an independent waiver of immunity.

Flodmand v. STATE, INSTITUTIONS & AGENCIES DEP'T

175 N.J. Super. 503 · New Jersey Superior Court Appellate Division · Sep 29, 1980

It establishes the principle of vicarious liability for all public entities for "injury proximately caused by an act or omission of a public employee within the scope of his employment" and thereby relies upon established … Clearly, the Department's design and structure of the Yardfields program represented a basic policy determination which is protected by the immunity rule.

Dawes v. Nash County

148 N.C. App. 641 · Court of Appeals of North Carolina · Feb 19, 2002

“Like cities, counties have governmental immunity when engaging in activity that is clearly governmental in nature and not proprietary.” McIver, 134 N.C. App. at 585 , 518 S.E.2d at 524 . … Malpractice” means emergency professional medical services rendered or which should have been rendered to any person or persons (excepting employees of the Participant injured in the course of their employment) by any duly qualified

Barrow v. Vill. of New Miami

104 N.E.3d 814 · Ohio Court of Appeals · Jan 22, 2018

New Miami argued it was immune from liability pursuant to the political subdivision immunity of R.C. Chapter 2744. … Once immunity is established, the second tier of the analysis carves out certain exceptions to immunity which re-establish the liability of a political subdivision in certain delineated situations. R.C. 2744.02(B).