Case law

Johnson v. Brown

193 Or. App. 375 · Court of Appeals of Oregon · May 12, 2004

Deschutes County fired him after an investigation established that he had engaged in work-related misconduct. … from liability for acts of its employees where the employees are immune from liability).

People of Michigan v. Michael Dean Dupre

Michigan Court of Appeals · Dec 17, 2020

This section grants qualifying patients broad immunity from prosecution. Kolanek, 491 Mich at 394-396. Section 7 of the MMMA on the other hand, prohibits specific acts that negate immunity. … Therefore, we discern no intent within the MMMA to immunize the visibly impaired driver from prosecution.

Davidow v. Anderson

83 Pa. Commw. 86 · Commonwealth Court of Pennsylvania · Jun 6, 1984

S. §8522(b) (3); or, (2) whether or not the above agreement establishes a Commonwealth interest in real estate which would waive a sovereign immunity defense on the part of the Commission pursuant to 42 Pa. C. … We interpret this section as being evidence of an intent on the part of the General Assembly to exempt the sovereign from immunity only in specific, clearly-stated situations and that it is our duty, therefore, strictly to

Mosby v. Liberty Mutual Insurance

2 Cal. Rptr. 3d 286 · California Court of Appeal · Jun 23, 2003

With regard to the mechanics of payment, the mishandling was clearly within the exclusivity rule. Thus the doctors could not state abuse of process claims. … Co. v. *1005 Superior Court (1996) 44 Cal.App.4th 867, 872 [ 52 Cal.Rptr.2d 211 ] [“There is no question that section 1877.5 limits the immunity it establishes to reports made without malice.”].)

Roberts Markel Weinberg Butler Hailey PC v. Lynn Madison

Texas Court of Appeals, 8th District (El Paso) · May 30, 2024

; (2) that Madison did not satisfy her burden to establish a prima facie case for each essential element of her claims; and (3) that RMWBH established valid defenses to Madison’s claims. … RMWBH’s entitlement to dismissal, then, hinges on whether the firm met its third-step burden of establishing attorney immunity as a matter of law as to all claims. See Tex. R. App.

David L. Ross v. City of Jacksonville

274 So. 3d 1180 · District Court of Appeal of Florida · Jun 12, 2019

Finally, Appellant argues that the trial court applied an incorrect “qualified immunity” standard instead of an “immunity from liability” standard. … For almost a hundred years, Florida law has held that intentionally putting a victim in fear of getting hit by an automobile qualifies as aggravated assault. See Williamson v. State, 111 So. 124 (Fla. 1926).

Scott v. Ohio Department of Taxation

11 Ohio App. 3d 20 · Ohio Court of Appeals · Jun 2, 1983

R.C. 2743.02(A)(1) does not purport to limit the waiver of immunity from liability to common-law claims for relief. … If the cause of action arose at the time of filing of the petition in bankruptcy, or at the time of entering the order for relief, plaintiff’s action is clearly barred by the statute of limitations since it was brought more

State Farm Fire & Casualty Company v. Joseph Martin Radcliff and Coastal Property Management LLC, a/k/a CPM Construction of Indiana

987 N.E.2d 121 · Indiana Court of Appeals · Apr 11, 2013

Dugan, 929 N.E.2d at 189 (“The designated evidence here clearly establishes that Komorowski’s statements were based on an accumulation of several years of careful personal observations and gathering of information from … Clearly, identical injuries may have radically different effects on different plaintiffs.

Midland County v. Avery

397 S.W.2d 919 · Court of Appeals of Texas · Dec 8, 1965

Of the qualified voters of the county in that year, 97.88 per cent resided in Precinct No. 1. … that “The United States shall guarantee to every State in this Union a Republican Form of Government * Amendment XIV, section 1 provides: “ * * * No State shall make or enforce any law which shall abridge the privileges or immunities

San Jacinto County and San Jacinto Commissioners Court v. John Nunn, Sr.

203 S.W.3d 905 · Texas Court of Appeals, 9th District (Beaumont) · Sep 28, 2006

Nunn directs us to no other provisions establishing the County’s alleged waiver of its immunity from suit. … The construction of “executed” urged by Nunn could result in broadening waivers of sovereign immunity in situations where the governmental unit did not clearly intend to waive its sovereign immunity.

Costello v. City of Ellisville

921 S.W.2d 134 · Missouri Court of Appeals · Apr 30, 1996

The doctrine was established to protect officers from second-guessing. Green, 738 S.W.2d at 866 . … “This is so even though hindsight may demonstrate errors in judgment which might be branded as negligent by qualified evaluators.” Id.

D.B. ex rel. Recore v. County of Green Lake

368 Wis. 2d 282 · Court of Appeals of Wisconsin · Mar 2, 2016

As we set forth below, the scope and breadth of the investigation by the Police Department clearly falls within a discretionary analysis and as such the police are entitled to immunity. … s premise that the Police Department acted negligently for the purposes of an immunity defense, but the key facts are that the scope and breadth of the police investigation was clearly a discretionary act entitled to immunity

Leetaru v. Board of Trustees of the University of Illinois

2014 IL App (4th) 130465 · Appellate Court of Illinois · Apr 1, 2014

“The purpose of the statutory provisions establishing sovereign immunity is to protect the State from interference with the performance of governmental functions and to *** protect State funds.” … Rather, he is complaining about the manner in which they are carrying out their clearly authorized duties.

Tennessee Department of Health v. Christina K. Collins, RN, APRN

Court of Appeals of Tennessee · Nov 25, 2020

According to the State, the Expert’s experience in that specialty qualifies her to offer her opinions. … Collins cannot establish the applicability of Rule 68, which arguably implicates the State’s sovereign immunity.

Ray v. Lewis Hauling & Excavating, Inc.

145 N.C. App. 94 · Court of Appeals of North Carolina · Jul 17, 2001

EMW’s are accorded qualified immunity while performing the governmental functions as set out in the EMA. N.C. Gen. Stat. § 166A-14 (1995). *97 D. … The section then goes on to provide qualified immunity to certain entities and individuals named in the Article.

Cox v. DeJarnette

104 Ga. App. 664 · Court of Appeals of Georgia · Sep 29, 1961

which charities are granted a partial (qualified, limited) immunity, depending upon any, or a combination, of the following factors: (1) the victim’s status as a servant of the charity, or as a stranger, or as a beneficiary … We must agree with the defendant that the doctrine of charitable immunity from tort liability is established in our law.

B.A. Casteel and J.R. Casteel, Individually and as Administrators of C.A. Miller v. L. Tinkey

151 A.3d 261 · Commonwealth Court of Pennsylvania · Dec 5, 2016

To establish common law negligence, the following elements must be generally met: 1. … Thus, Appellants cannot establish that an exception to sovereign immunity applies in this case. 21 Accordingly, for all of the foregoing reasons, we affirm.

Cody Waldrip v. Angela Waldrip, City of Bloomington, Indiana, Monroe County, Indiana, State of Indiana

976 N.E.2d 102 · Indiana Court of Appeals · Sep 20, 2012

However, on those counts the complaint clearly refers to “the Defendants” jointly. … Even if the complaint clearly alleged that Angela was acting for her own benefit in abusing her position to obtain the protective order, thus negating immunity under Indiana Code Section 35-13-3-5(c)(5), we still must

Thomas v. COUNTY COM'RS OF SHAWNEE COUNTY

198 P.3d 182 · Court of Appeals of Kansas · Dec 12, 2008

they hired her or thereafter, that Gillespie was not qualified to run the DOC. … Clearly, Shawnee County (as an entity) cannot be deemed liable for nonexistent negligent acts performed by these individuals.

Lathers v. Township of West Windsor

308 N.J. Super. 301 · New Jersey Superior Court Appellate Division · Feb 23, 1998

. *304 Prior to the Tort Claims Act, however, our courts recognized a common law immunity stemming from negligence in the removal of snow from public property. The common law immunity was established in Miehl v. … Because there was no landlord-tenant relationship established in Rossi , immunity applied. That rationale applies more forcefully under the facts of this case.