Case law

Wayne-Oakland Bank v. Adam's Rib

48 Mich. App. 144 · Michigan Court of Appeals · Jun 27, 1973

We have already concluded the personal immunity of a parent, if established, is not a shield for the partnership entity. … Thus, the instruction claimed as error related to evidence properly admitted and was not clearly erroneous.

Fulton County, Georgia v. Maria Colon

Court of Appeals of Georgia · Jul 13, 2012

Because Colon and Warren sought to benefit from the waiver of the County’s sovereign immunity from suit, they had the burden of establishing the waiver. Id.; Dept. of Transp. v. Dupree, 256 Ga. … The parties do not dispute that Fulton County qualifies as a “public employer” under OCGA § 45-1-4 (a) (4) because it is a “local or regional governmental entity that receives any funds from the State of Georgia or any

Pierce Nelson Hoempler v. State of Florida

District Court of Appeal of Florida · Mar 26, 2025

We agree with the defense that the 911 recording qualified for admission as either an excited utterance or spontaneous statement. See Thompson v. … This ruling cannot be deemed a deviation from established law. See Darling v.

Rapacz v. Township High School Dist.

2 Ill. App. 3d 1095 · Appellate Court of Illinois · Nov 29, 1971

For many years prior to 1959, the courts of Illinois adhered to "the ancient and established doctrine of governmental immunity from tort liability." ( Molitor v. … Defenses, established elsewhere in the Act, apply to all municipalities whether they are uninsured and depend upon statutory immunity or whether they have procured insurance.

Schultz v. St. Clair County

2020 IL App (5th) 190256 · Appellate Court of Illinois · Dec 9, 2020

.” ¶ 11 Section 4-102 of the Tort Immunity Act provides: “Neither a local public entity nor a public employee is liable for failure to establish a police department or otherwise provide … Section 10 provides for the establishment of “uniform technical and operational standards for all 9-1-1 systems in Illinois.”

MARROW, DEBORAH E. v. STATE OF NEW YORK

Appellate Division of the Supreme Court of the State of New York · Apr 26, 2013

Here, defendant did not raise the defense of qualified immunity in its answer to the claim or at trial (cf. … Indeed, defendant’s expert admitted that there was no “plan” with respect to that decision, and we thus conclude that defendant failed to establish that the qualified immunity doctrine is applicable.

Lail v. Madisonville Child Care Project, Inc.

55 Ohio App. 3d 37 · Ohio Court of Appeals · Nov 8, 1989

MCCP is immune from any civil liability which might be incurred as a result of Chambers’ report by the express provisions of R.C. 2151.421(G). … The statement made to Marco’s mother was clearly made to protect or further a common interest. Hahn v. Kotten (1975), 43 Ohio St. 2d 237 , 72 O.O. 2d 134, 331 N.E. 2d 713 .

Scott v. Kashmiry

2015 Ohio 3902 · Ohio Court of Appeals · Sep 24, 2015

We consider separately the city's immunity and Officer Kashmiry's immunity. A. The City's Immunity {¶ 13} Appellants first argue the trial court erred in determining the city is immune from liability. … Howland Local Schools, 113 Ohio St.3d 314, 2007-Ohio- 2070, ¶ 12. {¶ 15} The parties do not dispute that, as a political subdivision performing a governmental function, the city qualifies for immunity under R.C. 2744.02

Jastram v. Lake Villa School District 41

192 Ill. App. 3d 599 · Appellate Court of Illinois · Dec 27, 1989

Defendant filed a motion for summary judgment alleging that a school district is liable only for willful and wanton misconduct and that the undisputed facts in this case do not establish willful and wanton misconduct. … App. 3d 434 ; however, the facts do not clearly establish who, if anyone, was charged with supervising the plaintiff in that case. Inasmuch as- the case is unclear on this point, we cannot rely on it.

Value Rent-A-Car, Inc. v. Grace

794 So. 2d 619 · District Court of Appeal of Florida · Mar 14, 2001

Because allegations of the complaint do not affirmatively and clearly show the applicability of parental immunity as an affirmative defense, we reverse. Vause v. Bay Med. Ctr., 687 So.2d 258, 261 (Fla. 1st DCA 1996). … Establishing an absence of liability coverage would be necessary to prevail on the affirmative defense of parental immunity. [1] On appeal, Mr.

Stege v. Department of Treasury

252 Mich. App. 183 · Michigan Court of Appeals · Sep 24, 2002

Exemptions are never presumed, the burden is on a claimant to establish clearly his right to exemption[.] ... In other words, . . . taxation is the rule, and exemption the exception .... … Id. 2 To the *193 contrary, the stipulated facts here establish quite clearly that, notwithstanding the nonresident designation on the jointly filed income tax filing, Cherrie’s Suttons Bay home is her “principal residence

Mercer v. State of California

197 Cal. App. 3d 158 · California Court of Appeal · Dec 21, 1987

fact as to whether the vehicular recreation area of Pismo State Beach was in an improved condition at the time of the accident. *165 Although the scope of section 831.2 is not made clear by its language, it appears that to qualify … immunity (Johnson v.

Myers v. Levy

348 Ill. App. 3d 906 · Appellate Court of Illinois · Apr 27, 2004

Defendant next contends that summary judgment was nevertheless appropriate because his communications to Lamberson and Bruder qualify as a petition to a governmental body and, therefore, his statements are immunized under … I), provided him with absolute immunity to make the defamatory statements.

Preble v. Centennial Sch. Dist. No. 287

298 Or. App. 357 · Court of Appeals of Oregon · Jun 26, 2019

Any departure from that waiver, defendant argues, must be clearly stated in the wording of a statute. ORS 656.019(2)(a) says nothing about waiving sovereign immunity. … As a rule, defendant contends, waivers of sovereign immunity *48 may not be implied, but must be clearly stated in the terms of a statute.

Freundlich & Litman, LLC v. Feierstein, E.

2017 Pa. Super. 40 · Superior Court of Pennsylvania · Feb 23, 2017

The Dragonetti Act requires, in pertinent part, the following elements to establish a cause of action under the statute: (a) Elements of action. … Super. 1998) (“We find that the policy bases for applying the doctrine of absolute immunity … are not present in the instant appeal.”); Moses, 549 A.2d at 957 (“Such an extension of immunity evinces the strong policy behind

NORMAN GUNDEL v. AV HOMES, INC. AND AVATAR PROPERTIES, INC.

264 So. 3d 304 · District Court of Appeal of Florida · Feb 1, 2019

Leigh, 145 So. 3d 1006, 1008 (Fla. 1st DCA 2014) ("When the trial court denies a motion to dismiss on immunity grounds, certiorari review of the non-final order is proper because absolute immunity protects a party from … Clark, 722 So. 2d 232, 233 (Fla. 2d DCA 1998) (discussing the shifting burden for motions to dismiss based on qualified immunity).

LTTS CHARTER SCHOOL, INC. v. Palasota

362 S.W.3d 202 · Texas Court of Appeals, 5th District (Dallas) · Feb 28, 2012

In that case, the supreme court concluded “[a]n open-enrollment charter school qualifies as a ‘governmental unit’ under the [TTCA].” C2 Constr. I, 342 S.W.3d at 76 . … (affidavit attached to plea to jurisdiction established jurisdictional fact as matter of law and nonmovant therefore could not prevail absent scintilla of controverting evidence); cf. Bass v.

Arnold v. Arnold

189 Ga. App. 101 · Court of Appeals of Georgia · Sep 12, 1988

utmost importance in this state that it has recently been given stature in our state constitution: ‘To . . . promote the interest and happiness of the citizen and of the family, ... we the people of Georgia ... do ordain and establish … Clearly, under the precedent established by this authority, the appellee’s age *104 at the time of the accident was not controlling.

Ernesto C. Ching, M.D. v. Methodist Childrens Hospital and Methodist Hospital, Lubbock, Texas

Texas Court of Appeals, 7th District (Amarillo) · Mar 10, 2003

Analysis By his first issue, Ching contends the trial court erred in awarding the Hospitals' summary judgment based on statutory immunity, contending that (a) the record does not conclusively establish that the procedures … Ching argues that this immunity "vanished" because the Hospitals acted maliciously.

Wonnum v. Way, III

Superior Court of Delaware · Jul 25, 2017

DuPont de Nemours & Co., 26 A.3d 162, 166 (Del. 2011)). 5 negligence.15 Plaintiff must establish the absence of only one of these elements to defeat qualified immunity under the … Plaintiff must establish one of three possible avenues of relief in order to defeat the DOC Supervisory Defendants’ qualified immunity under the State Tort Claims Act:28 (i) non-discretionary action; (ii) bad faith; or