Case law

Trice v. Wilson

113 Ga. App. 715 · Court of Appeals of Georgia · May 6, 1966

Thus, while the State of Tennessee, like Georgia, has not renounced its sovereign immunity from suit, Tennessee, unlike Georgia, has established by statutory enactment a quasi-judicial body to determine and award fair and … Clearly, such award was intended as payment in part to the plaintiff for damages actually sustained by her as the proximate result of the tortious misconduct of a State employee committed in the course of his employment and

City of Houston v. Tanisha Tennon

Texas Court of Appeals, 1st District (Houston) · Jan 22, 2026

to overcome the 9-1-1 and emergency exceptions to the TTCA’s waiver of governmental immunity, (4) the City did not have sufficient notice of Tennon’s claims; (5) the TTCA does not “clearly and unequivocally” waive immunity … Scope of Employment and Waiver of Immunity In its first issue, the City argues that Tennon failed to establish a waiver of immunity under Section 101.021(1) because she did not plead facts establishing that Gamboa

Ohio Bell Tel. Co. v. Cleveland

2024 Ohio 1475 · Ohio Court of Appeals · Apr 18, 2024

Photographs of Ohio Bell’s cable clearly show that it was cut by something, most likely a jackhammer. At the very least, Ohio Bell has established a genuine issue of material as to the cause of its injury. … Defense to Liability Inapplicable The city argues that even if Ohio Bell establishes that it (the city) was negligent, the city has a defense that reinstates immunity pursuant to R.C. 2744.03(A)(5).

Gustafson, M. v. Springfield 282 A.3d 739

282 A.3d 739 · Superior Court of Pennsylvania · Aug 12, 2022

Hudec’s gun and interstate commerce had clearly ended by the time he brought the gun into his home for personal use. … PLCAA therefore grants total immunity from common-law liability to the gun industry whenever the Acts applies.

Molnar v. Star-Ledger

193 N.J. Super. 12 · New Jersey Superior Court Appellate Division · Feb 17, 1984

The qualified privilege conferred upon Minerbrook has been defined in Coleman v. … Super. 214, 220 (App.Div. 1975) we noted that: We have long recognized the existence of a qualified privilege that confers immunity upon a public official for defamation uttered in relation to matters committed by law to

Energy Pol'y Advoc. v. Balderas

560 P.3d 37 · New Mexico Court of Appeals · Oct 15, 2024

The motion did not describe the content of documents withheld or the content of the lengthy redactions in the documents produced that allegedly qualified this information as privileged. … ” {21} We conclude that a generalized assertion of privilege or immunity, even if the public agency asserts the privilege or immunity in good faith, is not sufficient to establish a prima facie case of compliance with IPRA

Aucoin v. Rochel

2008 La.App. 1 Cir. 1180 · Louisiana Court of Appeal · Dec 23, 2008

Aucoin relies on dicta by the Louisiana Supreme Court in a footnote in a case that involved an intoxicated minor clearly outside the scope of immunity provided by the statute. In Berg v. … In this case, the facts are even stronger in establishing that Ms.

Lowell v. Medford School Dist. 549C

313 Or. App. 599 · Court of Appeals of Oregon · Jul 28, 2021

The district alleged that, because its employees were immune from liability by virtue of the privilege, the district was immune as well. … A qualified privilege does not act as a complete bar to liability but requires that the plain- tiff prove that the defendant abused the privilege as a condi- tion of establishing liability. Bank of Oregon v.

Safety, Agriculture, Villages & Environment (S.A.V.E.), Inc. v. Delaware Valley Regional Planning Commission

819 A.2d 1235 · Commonwealth Court of Pennsylvania · Mar 31, 2003

. § 134 responsible for developing transportation improvement proposals to assist the signatory parties in qualifying for federal highway funds. … Therefore, the Commission is not an organization performing an essential governmental function to qualify as “an agency” subject to the disclosure requirement of the Act.

Roe v. Pennsylvania Game Commission

147 A.3d 1244 · Commonwealth Court of Pennsylvania · Sep 22, 2016

Thus, “[a]l-though the Commonwealth traditionally had sovereign immunity from suit, the establishment of the Board ... waived that immunity by providing a tribunal whose specific duty was to entertain contract actions against … The affirmative defense, however, must be clearly applicable on the face of the complaint.

George v. City of Mansfield

6 Ohio App. Unrep. 125 · Ohio Court of Appeals · Aug 23, 1990

On October 6, 1987, the City enacted an ordinance establishing an early retirement program for which appellant would have qualified. … for injury, death, or loss to persons or property allegedly caused by any act or omission in connection with a governmental or proprietary function, the following defenses or immunities may be asserted to establish non-liability

Engelman Irrigation District v. Shields Brothers, Inc.

519 S.W.3d 642 · Court of Appeals of Texas · Jan 19, 2015

EID asserted in defense that the trial court lacked subject matter jurisdiction because of governmental immunity, but the trial court rejected that argument. … Here, the new “rule”—that is, the Tooke holding—clearly establishes a new principle of law and overrules clear past precedent upon which the litigants relied. See id.

Pickell v. Brooks

846 S.W.2d 421 · Court of Appeals of Texas · Mar 10, 1993

not independently establish a cause of action for damages; and (4) no contract existed between Pickell and the Board. … We do not see how Pickell qualifies under the Act as either a police officer or firefighter, but Pickell has not advanced the Act as the basis for her procedural due-process interest. Cf. City of San Antonio v.

City of Irving v. Seppy

301 S.W.3d 435 · Texas Court of Appeals, 5th District (Dallas) · Nov 23, 2009

Decisions The City first argues the trial court erred in not granting its plea to the jurisdiction in its entirety because the Sep-py Family’s claims against the City arise out of the deficient design of the catwalk and qualify … Actual Knowledge of a Premises Defect The City next contends it legally established no waiver of immunity because Seppy was a licensee, and the City had no actual knowledge of a dangerous condition likely to cause injury

Shands Jacksonville Medical Center, Inc., and University of Florida Board of Trustees

District Court of Appeal of Florida · Dec 11, 2024

Because the government is immune to suit, it “cannot be sued, except with its own consent. … the ALJ clearly cannot possess.

Lowe v. Teator

1 S.W.3d 819 · Texas Court of Appeals, 5th District (Dallas) · Aug 30, 1999

After reviewing recent authority issued by this state’s intermediate courts of appeals, we conclude that, in some cases, the appellate courts have either overextended or misconstrued the rules established by the supreme court … Indeed, given the employee’s ability to challenge the denial of immunity by interlocutory appeal, if a final judgment were not required, it is possible the employee could have his immunity finally and irrevocably established

Gonzales v. City of San Diego

130 Cal. App. 3d 882 · California Court of Appeal · Apr 20, 1982

Moreover, “[u]nless the Legislature has clearly provided for immunity, the important societal goal of compensating injured parties for damages caused by wilful or negligent acts must prevail.” (Ramos v. … City’s Potential Liability Can Be Predicated Upon Section 835 Section 815 3 establishes sovereign immunity in this state except as provided in the Tort Claims Act or other statute. (Williams v.

Shapard v. State

437 P.2d 565 · Court of Criminal Appeals of Oklahoma · Nov 20, 1967

Lackey, supra, clearly distinguishes it from the instant case: “1. … State, Okl.Cr., 429 P.2d 542 , we held that immunity could be granted only when a charge is pending against an accused and the witness to whom immunity is granted has evidence tending to establish the guilt of the accused

Inservices, Inc. v. Aguilera

837 So. 2d 464 · District Court of Appeal of Florida · Dec 26, 2002

However, established precedent and the plain language of the Workers' Compensation Act requires that we reverse. … As a matter of law, affirmance is required in this case as to the intentional infliction of emotional distress claim. [5] The workers' compensation immunity carrier has clearly committed an intentional tort, which brings

Gubbe v. Catholic Diocese of Rockford

122 Ill. App. 2d 71 · Appellate Court of Illinois · Apr 3, 1970

Moyle qualified the doctrine of charitable immunity by permitting recovery against non-trust funds of a charitable corporation, specifically an insurance policy. … It is interesting to note that the court ruled there that a cause of action was not stated under the Local Governmental and Governmental Employees Tort Immunity Act, and that to establish liability the teacher’s act or omission