Case law

Campo v. Sternberger

15 La.App. 5 Cir. 52 · Louisiana Court of Appeal · Nov 19, 2015

Experience alone is. normally sufficient to qualify a witness as an expert. Cheairs, supra. … Anderson, testified clearly that he saw no deficiency in the plans and specifications provided by J.E. Bruce Design Consultants or Lee Engineers.

Dickerson v. Cuyahoga Metro. Hous. Auth.

2014 Ohio 4672 · Ohio Court of Appeals · Oct 23, 2014

Pike No. 08CA787, 2010-Ohio-347, the court found that the city of Waverly was not entitled to immunity where a limb from an unmaintained tree, which qualified as a physical defect, fell and injured a woman who was standing … However, because R.C. 4101.11 does not expressly establish liability, the statute cannot create an exception to immunity under R.C. 2744.02(B)(5). See Magda v. Greater Cleveland Regional Transit Auth., 8th Dist.

Thorp v. Strigari

155 Ohio App. 3d 245 · Ohio Court of Appeals · Nov 7, 2003

The immunity from suit can be absolute or qualified. See Míreles v. Waco (1991), 502 U.S. 9, 9-12 , 112 S.Ct. 286 , 116 L.Ed.2d 9 ; Barlow v. Fitzgerald (1982), 457 U.S. 800, 818 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 . … The Thorp appellants have failed to sustain their burden of establishing that the immunity granted to public defenders by R.C.

Floyd Scott, V. American Express National Bank

Court of Appeals of Washington · Aug 2, 2022

If a law firm’s primary purpose is the collection of consumer debts, it may qualify as a collection agency under the WCAA. Mandelas v. Gordon, 785 F. … All five elements must be established for a CPA claim to be successful. Keodalah v. Allstate Ins. Co., 194 Wn.2d 339, 350, 449 P.3d 1040 (2019).

Proctor & Gamble Cellulose Co. v. Mann

667 So. 2d 338 · District Court of Appeal of Florida · Oct 24, 1995

court ruled that, because P & G had no liability under the law to secure workers' compensation benefits for Mann, P & G did not qualify for immunity from Mann's suit under Chapter 440. … Further, to establish a statutory employment relationship, the entity claimed to be a contractor must have incurred a contractual obligation to a third party and must have delegated or sublet a part of its contractual obligation

In Re Petition to Compel Cooperation With Child Abuse Investigation

2005 Pa. Super. 188 · Superior Court of Pennsylvania · May 20, 2005

On appeal the defendants argued the grant of summary judgment in their favor was appropriate because they were entitled to immunity for their actions under the doctrine of qualified immunity. … The court held that the Social Services caseworker and the police officer were not entitled to summary judgment on the basis of qualified immunity, as the trier of fact could conclude that reasonable persons in their positions

University Interscholastic League v. Southwest Officials Ass'n

319 S.W.3d 952 · Texas Court of Appeals, 3rd District (Austin) · Aug 27, 2010

In Saenz , the Fifth Circuit stated that “the UIL clearly is imbued with ample characteristics to warrant the trial court’s determination that the organization is an agency of the State of Texas,” and therefore immune from … The UIL qualifies as a “governmental unit” under section 101.001(3) both as a part of UT-Austin, which derives its authority directly from the Texas Constitution, and because it derives its own status and authority from the

Miseo v. Ross Township Police Department

147 Pa. Commw. 263 · Commonwealth Court of Pennsylvania · Apr 13, 1992

Because traffic signals are power-operated traffic-control devices, flares cannot qualify as traffic signals. … Township, liability cannot be imposed on Township under the governmental immunity exception at 42 Pa.C.S. § 8542(b)(4).

Luz v. Commissioner of Correction

45 Mass. App. Ct. 913 · Massachusetts Appeals Court · Aug 13, 1998

were protected by a qualified immunity. … L. c. 127, § 149, in this case was not clearly established and required thoughtful interpretation by the Superior Court judge (the second one) who considered that aspect of the case.

City of Dallas v. Albert

140 S.W.3d 920 · Texas Court of Appeals, 5th District (Dallas) · Aug 27, 2004

It is well established that sovereign immunity from suit protects the State of Texas, its agencies, and its officials from lawsuits for damages unless it is waived by clear and unambiguous consent to suit. See Fed. … The claims presented by appellees are clearly germane to the counterclaims brought by the City. Accordingly, the City has waived its governmental immunity from appellees’ suits. See id.

Cooney v. Magnabosco

407 Ill. App. 3d 264 · Appellate Court of Illinois · Feb 10, 2011

If it is established that such person has violated or is violating the injunction, the court may punish the offender for contempt of court. … Again, “ ‘[sjhorthand reporter’ means a person who is technically qualified and certified under this Act to practice shorthand reporting.” 225 ILCS 415/4(5) (West 2008).

City of South Bend v. Dollahan

918 N.E.2d 343 · Indiana Court of Appeals · Dec 15, 2009

The trial court's findings will be set aside only if they are clearly erroneous, ie. when the record contains no facts or inferences supporting them. Id. … Under Indiana's common law, Dollahan was required to establish three elements to recover on a theory of negli-genee: (1) a duty on the part of City to conform its conduct to a standard of care arising from its relationship

Gibson v. City of Pasadena

83 Cal. App. 3d 651 · California Court of Appeal · Aug 9, 1978

if liability can be established under the provisions of another section.” … This is clearly a discretionary decision and consequently immune. In the case at bench, plaintiff has alleged negligence in the actual pursuit.

Fuson v. City of Cincinnati

91 Ohio App. 3d 734 · Ohio Court of Appeals · Dec 1, 1993

immunity. 10 We choose to address these arguments as one. … Qualified immunity protects individuals rather than municipalities. See Owen v. City of Independence, Mo. (1980), 445 U.S. 622 , 100 S.Ct. 1398 , 63 L.Ed.2d 673 .

KELLEY, LISA v. STATE OF NEW YORK

Appellate Division of the Supreme Court of the State of New York · Nov 20, 2015

Defendant moved for summary judgment dismissing the claim based on its affirmative defense of qualified immunity. … “Under [the] doctrine of qualified immunity, a governmental body may be held liable when its study of a traffic condition is plainly inadequate or there is no reasonable basis for its traffic plan” (Friedman v State of New

Nocco, Sheriff of Pasco County v. Wilcox

District Court of Appeal of Florida · Jun 6, 2025

Claims for negligent training are barred by sovereign immunity when they involve "decision[s] regarding how to train . . . officers and what subject matter to include in the training" because those are "clearly an exercise … the Sheriff had an established policy in place such that the timeliness of the deputy's training is an operational function.

Commonwealth's Attorney of Stafford County v. Rosa Serrano

Court of Appeals of Virginia · Apr 29, 2025

The Commonwealth’s Attorney has failed to meet his burden in showing that the statute was clearly and palpably unconstitutional; therefore, the circuit court did not err in finding the Act constitutional. II. … Additionally, neither party challenges the circuit court’s timing of establishing the procedure to adjudicate the claim for attorney fees. See Rule 3:25(d).

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.”

Northeastern Educational Intermediate Unit No. 19 v. Stephens

98 Pa. Commw. 127 · Commonwealth Court of Pennsylvania · Jun 12, 1986

And Section 7107, while it uses the term “discharge,” qualifies it as being a discharge implemented because a reduction in force is necessary. … This Section contained a privileges and immunities clause.

Buford v. State of California

104 Cal. App. 3d 811 · California Court of Appeal · Apr 18, 1980

(Id., at pp. 481-482.) 5 It is clearly established that duty is a question of law, while foreseeability is a question of fact for the jury. (See Weirum v. … Since escape immunity is inapplicable to Daniels’ situation, we consider whether other immunity provisions insulate State from liability.