Case law

Stewart v. Richland Memorial Hospital

350 S.C. 589 · Court of Appeals of South Carolina · Jun 3, 2002

Although a governmental entity has the initial “burden of establishing a limitation upon liability or an exception to the waiver of immunity” applies, the plaintiff must still prove that the governmental entity has waived … immunity.

People v. Bartolomeo

126 A.D.2d 375 · Appellate Division of the Supreme Court of the State of New York · Mar 30, 1987

That’s clearly an admission. It would have been relevant. It would have been admissible. "[The Prosecutor]: It’s clearly hearsay, Your Honor. What Manteiga had to say to his wife from—about Bartolomeo. "the court: Yes. … Caprisecca had executed a waiver of immunity when he testified before the Grand Jury; however, it was never revealed that he had been promised immunity from prosecution for those crimes.

Meddock v. County of Yolo

California Court of Appeal · Oct 3, 2013

Thus, we have pointed out that „courts should not casually decree governmental immunity . . .‟ [citation], and that „[u]nless the Legislature has clearly provided for immunity, the important societal goal of compensating … In another case emphasized by Meddock, one court, quoting Professor Arvo Van Alstyne, the lead drafter of the Government Claims Act, stated “to qualify public property as improved so as to take it outside the immunity statute

Evans v. Gwinnett County Public Schools

337 Ga. App. 690 · Court of Appeals of Georgia · Jul 1, 2016

“We review de novo a trial court’s grant of a motion to dismiss on sovereign immunity grounds, bearing in mind that the party seeking to benefit from the waiver of sovereign immunity has the burden of proof to establish … But HB 90 resolved that conflict by establishing that the language used in OCGA § 16-11-127.1 was the language from HB 60.

Kuehner Et Ux. v. Parsons

107 Pa. Commw. 61 · Commonwealth Court of Pennsylvania · Jun 22, 1987

Summary judgment is only proper when, after examining the record in the light most favorable to the non-moving party, there is no genuine issue of material fact and the moving party clearly establishes that it is entitled … The statute, however, clearly states that fraud and willful misconduct are excluded from the exceptions to immunity. 42 Pa. C. S. §8542(a)(2).

Penland v. Redwood Sanitary Sewer Service District

146 Or. App. 225 · Court of Appeals of Oregon · Feb 5, 1997

To the contrary, the evidence established that the Board of Directors, as well as Mr. … Normally, a choice within the permissible range, in order to qualify for immunity, is one that has been made by a supervisor or a policy-making body.” Mosley, 315 Or at 92 (citations omitted).

Dermody v. Presbyterian Church (U.S.A.)

530 S.W.3d 467 · Court of Appeals of Kentucky · Jul 28, 2017

It is also clear that regardless of the existence of the' immunity, the tort of defamation cannot be proven because truth as to the matter at issue is an absolute defense. … Dermody now bears the inevitable burden of re-establishing a good name that was needlessly sullied by the church’s failure to report his true shortcoming: that of being a poor manager rather than a corrupt or fallen cleric

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.

Romero v. SHUMATE CONSTRUCTIONS, INC.

119 N.M. 58 · New Mexico Court of Appeals · Jan 9, 1995

The second function of the statute is to allow a general or prime contractor who qualifies as a statutory employer to take refuge under the Workers’ Compensation Act’s exclusivity provision, which makes it immune from a tort … Quintana went part of the way toward adopting this trend by holding that general contractors who qualify as statutory employers are immune if they contractually assure insurance coverage to employees of the subcontractor.

William Winchester v. Christy Little

Court of Appeals of Tennessee · Dec 31, 1998

Mueller, 732 F.2d at 1459; and discussion of §1983 immunity supra. Appellant argues that Appellee is only entitled to qualified (“good faith”) immunity pursuant to Tenn. Code Ann. §37-1-149. … Appellant is incorrect in his assertion that Appellee was entitled to only qualified immunity based upon this statute.

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.

Deutsche Bank Securities, Inc. v. Montana Board of Investments

21 A.D.3d 90 · Appellate Division of the Supreme Court of the State of New York · Jun 14, 2005

The record clearly shows that from this point *95 forward defendant’s investment officer engaged in very purposeful activity by negotiating a cash deal instead of a swap. … Defendant requests further discovery to establish its claim of insider trading.

Dietz v. Finlay Fine Jewelry Corp.

754 N.E.2d 958 · Indiana Court of Appeals · Aug 22, 2001

Because the designated evidence does not conclusively establish the reasonableness of the detention, we cannot determine whether the Shoplifting Detention Act renders Finlay and Ayres immune for false imprisonment. … Finlay and Ayres also seek immunity under a qualified privilege of common interest, which protects "communications made in good faith on any subject matter in which the party making the communication has an interest or in

Powell v. City of Colorado Springs

25 P.3d 1266 · Colorado Court of Appeals · Jul 2, 2001

The city moved to dismiss plaintiff's complaint or, alternatively, for summary judgment, arguing that plaintiff failed to establish that the city's immunity from suit had been waived under the Colorado Governmental Immunity … Plaintiff also claimed to have established that the city negligently operated and maintained its storm water drainage system.

Norris v. United States

Superior Court of Delaware · Oct 8, 2025

an arguable basis in law or that the defendants are clearly entitled to immunity from suit.”2 2. … find a sweet spot of comfort within stressful situations . . . .”5 These statements fail to articulate a recognized legal duty owed by the United States to the Plaintiff, nor do they set forth facts that, if true, would establish

Commonwealth v. OISTER

201 Pa. Super. 251 · Superior Court of Pennsylvania · Jun 13, 1963

The defendant Oister also claims immunity under the Act of April 27, 1927, P. L. 450, §4, as amended, 35 PS §1184. … This act provides immunity only to a person summoned by the State Police and compelled to testify in relation to any matters subject to their inquiry and investigation, the immunity to extend to any matter concerning which

Greene v. Succession of Alvarado

2015 La.App. 1 Cir. 1960 · Louisiana Court of Appeal · Dec 27, 2016

The evidence established that Terre-bonne Parish rarely experiences winter weather events sufficient to produce ice on roadways or bridges. … Tekell has not published any articles or taught any seminars on the subject, and he has never previously been qualified as having specific expertise in that area.

Runnels v. Newell

179 Md. App. 168 · Court of Special Appeals of Maryland · Mar 28, 2008

Newell also argues that he was entitled to federal qualified immunity with regard to the 42 U.S.C. section 1983 claim. … For that reason, this court finds that Newell is entitled to federal qualified immunity on Count I.

Alvernest Mills v. County of Winnebago

104 Ill. App. 2d 366 · Appellate Court of Illinois · Jan 13, 1969

, clearly evidences, not only their knowledge of the existing statute, but their intent with relation to acts of sheriffs and their deputies in the performance of their duties. … O’Connor, 19 Ill2d 337, 340, 167 NE2d 188 (1960), still the General Assembly has the right to enact legislation establishing total immunity or partial immunity if it does so within the framework of our Constitution.

Joan Stephens v. Home Depot U.S.A., Inc.

529 S.W.3d 63 · Court of Appeals of Tennessee · Nov 30, 2016

Stephens and therefore immune from common law liability. Bayer CropScience acknowledged that the existing scheduling order established December 1, 2014, as the deadline for amendments to the pleadings. … Plaintiffs argue that Rule 12.02 required the trial court to confine its review to the pleadings in order to determine whether immunity was established.