Case law

Buehler v. Newtown

206 Conn. App. 472 · Connecticut Appellate Court · Aug 3, 2021

‘‘This court’s standard of review for a motion for summary judgment is well established. … [General Statutes §] 52-557n abandons the common-law principle of municipal sovereign immunity and establishes the circumstances in which a municipality may be liable for damages. . . .

Begier v. Strom

46 Cal. App. 4th 877 · California Court of Appeal · Jun 19, 1996

In Passman, supra, 34 Cal.App.4th at pages 616-617, the court cited a string of precedent cases holding that a communication designed to initiate a criminal prosecution qualifies for immunity as a publication “in any other … However, only qualified immunity is granted to persons who are not statutorily obligated to make a report: “Any other person reporting a known or suspected instance of child abuse shall not incur civil or criminal liability

Bennartz v. City of Columbia

300 S.W.3d 251 · Missouri Court of Appeals · Dec 22, 2009

To make a submissible whistleblower case, the plaintiff must submit evidence that establishes that the plaintiff reported a violation of law or “well-established and clearly mandated public policy” to his supervisors or to … The well-established and clearly mandated public policy cannot consist merely of any behavior that offends the plaintiff but has consistently been limited to activities that violate statutes, regulations, constitutional provisions

University of Texas-Pan American v. Valdez

869 S.W.2d 446 · Texas Court of Appeals, 13th District · Dec 29, 1993

In reviewing an assertion that, contrary to the judgment, an affirmative defense has been established as a “matter of law”, this Court normally utilizes a standard which involves a two-tiered analysis of the evidence. … As the Chapman court explained: Clearly article 101.061 intended to provide for abolishment of governmental immunity without causing havoc.

IN THE MATTER OF THE DEATH OF TAYLOR

343 P.3d 219 · Court of Civil Appeals of Oklahoma · Sep 26, 2014

As previously discussed, Santa Clara Pueblo established the rule for determining when Congress has waived a tribe's immunity from suit. … Ct. at 1705 (inherent in a sovereign's immunity from suit is the power to waive that immunity). Further, the record in this case establishes that the Tribe has, on occasion, exercised its power to waive that immunity.

Miller v. Erie Metropolitan Transit Authority

152 Pa. Commw. 64 · Commonwealth Court of Pennsylvania · Dec 2, 1992

Because the word “operate” was commonly defined as a mode of action or to run or control the function of, the van clearly was not operating at the time of the accident as it had ceased movement. … We stated, “Nothing in Love ... requires that an entire *68 vehicle be in motion to establish ‘operation’ for purposes of the vehicle liability exception to the Code.

Daley v. Clark

282 Ga. App. 235 · Court of Appeals of Georgia · Nov 2, 2006

The Daleys contend, however, that while the act of establishing a policy is discretionary, the acts of following established policies are ministerial tasks. … because he “was clearly engaged in discretionary public duties when ... he raced to the site of the medical emergency, attended briefly to [the victim], then turned the case over to more qualified personnel.” 41 Thus, in

McGuire v. Jewett, 2006-T-0071 (6-22-2007)

2007 Ohio 3198 · Ohio Court of Appeals · Jun 22, 2007

However, the trial court overlooked a critical exemption from the blanket immunity which that statute provides. As with all immunities, the protection from liability is not absolute. … The statute clearly "forfeits" *Page 10 the immunity if "(a) [a]n equine activity sponsor * * * or other person provides to an equine activity participant faulty or defective equipment or tack and knows or should know that

Redd v. Stanfield

217 Ga. App. 573 · Court of Appeals of Georgia · Jun 12, 1995

The Supreme Court has clearly stated that the secondary liability and ensuing immunity imposed by OCGA § 34-9-8 applies to “those who contract to perform certain work ... for another, and then sublet in whole or part such … It is well established, however, that “statutory immunity from suit includes the statutory employer regardless [sic] whether that statutory employer . . . actually paid the workers’ compensation benefits.” Modlin v.

Ruth Mitchell v. City of Franklin, Tennessee

Court of Appeals of Tennessee · May 2, 2024

Johnson was qualified to offer expert testimony on sidewalk safety. The court went on, however, to grant the City’s motion to exclude certain portions of Mr. … Mitchell submitted David Johnson as a safety expert, and the court found him qualified as an expert in the field of human factors engineering. Mr.

Everett v. Rubicon, Inc.

938 So. 2d 1032 · Louisiana Court of Appeal · Jun 14, 2006

(Rubicon), finding that Rubicon was Everett's statutory employer and immune from tort liability. We affirm. … that the 1997 amendments to LSA-R.S. 23:1061 mandated a more liberal interpretation of the statutory employer relationship, the court's inquiry shifted to whether or not construction of a new building or facility would qualify

Holguin Exrel. Rubio v. Ysleta Del Sur Pueblo

954 S.W.2d 843 · Texas Court of Appeals, 8th District (El Paso) · Nov 19, 1997

Section 2.02(b) establishes that the Texas Alcoholic Beverage Commission (TABC) can hold proceedings to revoke an alcohol license or permit by establishing the identical two elements necessary for a private plaintiff to establish … Act beyond the boundaries clearly enunciated in the statute.

James W. v. SUPERIOR COURT OF SAN DIEGO CTY.

17 Cal. App. 4th 246 · California Court of Appeal · Jul 16, 1993

Officials who receive reports may have qualified immunities under other statutes, said the court, but they are not entitled to the absolute immunity of section 11172, subdivision (a). (Newton v. … Whatever justifications exist for extending the immunity of the reporting act to forensic teams investigating whether a child has actually been abused, they are clearly not present here.

Hunt v. Alderman

2015 Ohio 4667 · Ohio Court of Appeals · Nov 12, 2015

Hunt received workers’ compensation payments for his injuries.  6 {¶14} The Supreme Court has stated that “[c]ommon-law damages are clearly unavailable under R.C. … an intentional tort of an employer, proof beyond that required to prove negligence and beyond that to prove recklessness must be established.

Citizens Insurance v. Bloomfield Township

209 Mich. App. 484 · Michigan Court of Appeals · Mar 22, 1995

The trespass-nuisance exception to governmental immunity has clearly been recognized by our Supreme Court. … Thus, plaintiff must affirmatively establish that the trespass-nuisance exception applies. There can be little doubt that the first two elements of trespass-nuisance have been established by plaintiff.

Manley v. YMCA of Plainfield

275 N.J. Super. 656 · New Jersey Superior Court Appellate Division · Jun 14, 1994

In addition, municipal welfare directors [MWD's] will establish worksites to which they will assign recipients. .... … Regarding the status of the plaintiff, the court stated: We do not construe ... the category of those qualifying as beneficiaries to include persons who derive no benefit from the charitable institution but render some service

Darren B. Swain v. Corporal Jason Hutson, Officer Dora Dewall, Sergeant Daniel Henning, Court Clerk Norma Williams, Judge Stewart Milner, Judge Rosalia Maddock, and Does 1-5

Texas Court of Appeals, 2nd District (Fort Worth) · Oct 8, 2009

And in his prayer, he asks us to remand this case “with 4 … Appellant also discusses issues related to qualified immunity and the standards for prevailing in a section 1983 claim, but the parties did not … litigate those issues in the trial court. 7 instructions establish[ing] [section 1983] as the ‘law of the case.’”

Bartholomew County v. Johnson

995 N.E.2d 666 · Indiana Court of Appeals · Sep 17, 2013

Because the ITCA is in derogation of the common law,[ 2 ] we construe it narrowly against the grant of immunity. The party seeking immunity bears the burden of establishing its conduct comes within the Act. … Likewise, when a governmental entity is otherwise liable as a joint tortfeasor, no governmental immunity is clearly extended on grounds that the other joint tortfeasor engaged in “the performance of a discretionary function

Johnson v. Southeastern Pennsylvania Transportation Authority

91 Pa. Commw. 587 · Commonwealth Court of Pennsylvania · Sep 11, 1985

Exceptions to governmental immunity. … Clearly they did.

Townships of Springdale v. Mowod

23 Pa. Commw. 298 · Commonwealth Court of Pennsylvania · Feb 13, 1976

The defendants raise the issues of sovereign immunity and laches. … Article III, Section 3 of the Pennsylvania Constitution of 1968 provides that: “No bill shall be passed containing more than one subject, which shall be clearly expressed in its title, except a general appropriation bill