Case law

Piper v. Epstein

326 Ill. App. 400 · Appellate Court of Illinois · Jun 25, 1945

Under the circumstances, and in harmony with our previous pronouncements, it would be just and reasonable to hold that defendant herein is subject to this qualified liability. … Illinois has not adopted the rule of qualified liability of a charitable institution, which prevails in Colorado and Tennessee. The holding in Parks v.

Rahman v. Mayo Clinic

578 N.W.2d 802 · Court of Appeals of Minnesota · May 26, 1998

Forsyth, 472 U.S. 511, 526 , 105 S.Ct. 2806, 2815 , 86 L.Ed.2d 411 (1985) (concluding because qualified immunity was an immunity from suit rather than mere defense to liability, it is appropriately resolved at summary judgment … Delaware Valley Transplant Program, 420 Pa.Super. 84 , 615 A.2d 1379, 1383 (1992) (quoting Nicoletta,and concluding undisputed facts of record establish good faith of hospital as matter of law).

Meadows v. City of Detroit

164 Mich. App. 418 · Michigan Court of Appeals · Nov 16, 1987

We do not believe, however, that this case established the trial board’s entitlement to absolute immunity. … To the extent that the court’s decision to dismiss plaintiff’s contract claims was based on governmental immunity, that decision is clearly erroneous.

Management Ass'n of Illinois, Inc. v. Board of Regents of Northern Illinois University

248 Ill. App. 3d 599 · Appellate Court of Illinois · Jun 18, 1993

Clearly, mere tortious conduct, without further delineation, cannot qualify as unlawful so as to trigger the presumption in Allphin. … Negligence claims are clearly within the Act.

Gerety & Antkowiak v. State

249 Md. App. 484 · Court of Special Appeals of Maryland · Feb 24, 2021

To qualify for immunity under that subsection, a defendant must satisfy three elements. … The Fiscal and Policy Note for the 2015 amendments confirms this intention: [The amendment] establishes that immunity applies to situations involving a person who, in good faith provides

State, Department of Transportation v. Barraza

157 S.W.3d 922 · Texas Court of Appeals, 8th District (El Paso) · Feb 24, 2005

Sovereign Immunity and the Texas Tort Claims Act TxDOT, as a state agency, is immune from suit unless that immunity is waived. Tex. Dep’t of Transp. v. City of Floresville Elec. … We also agree that maintenance is clearly distinguishable from design in that maintenance refers to the preservation of existing conditions.

Bounauito v. William Floyd School District

203 A.D.2d 225 · Appellate Division of the Supreme Court of the State of New York · Apr 4, 1994

In surreply, the plaintiffs established that the Town had received a complaint of a missing stop sign at the intersection in 1985, and that the Town ceased its investigation of the complaint when it determined that no stop … While such a governmental function is entitled to qualified immunity, a municipality may be liable where it is demonstrated that its traffic control plan was based on inadequate study or lacked a reasonable basis (see, Alexander

Schneiderman v. Commonwealth of Massachusetts

59 Mass. App. Dec. 134 · Massachusetts District Court, Appellate Division · Jan 7, 1977

The Commonwealth here clearly does not stand to gain anything from the perpetration of violent crimes. … Commonwealth, 363 Mass. 595 (1973), the court in commenting upon this statute stated, at P. 600: "In waiving its immunity, the Commonwealth established certain rights of recovery which cannot be extended beyond those expressly

WFG Natl. Title Ins. Co. v. Meehan

107 N.E.3d 60 · Ohio Court of Appeals · Feb 8, 2018

The parties also agree that the provisions of R.C. 3905.211 as to qualified immunity is applicable to appellees in the present instance. … The sole dispute is whether Meehan complied with the mandates of R.C. 3905.211(B) to defeat the qualified privilege at the pleading stage. {¶12} Pursuant to R.C. 3905.211(B) in an action where qualified immunity

Donna Zink, et ux v. City of Mesa

Court of Appeals of Washington · Apr 30, 2024

However, we conclude that the right to video record a public meeting was not clearly established in 2003 and therefore Mayor Ross is entitled to qualified immunity. … it was clearly established in 2003.

United Services Auto. Ass'n v. Crews

614 So. 2d 1213 · District Court of Appeal of Florida · Mar 10, 1993

Clearly, if documents ordered produced are protected attorney-client matters, they are absolutely immune from disclosure. … Contrary to the trial court's ruling, the evidence clearly established that the "in-house" counsel, at least some of the time, were functioning as attorneys, giving protected legal advice to USAA.

McMahon v. Baroness Erlanger Hospital

43 Tenn. App. 128 · Court of Appeals of Tennessee · Mar 26, 1957

Liability insurance coverage on the part of the defendants would certainly circumvent the governmental immunity rule to the amount of the policy, but the proof in this case clearly shows to the Court that no such policy was … Preliminary to this it may be stated that it is well established in Tennessee that governmental immunity may be waived by the procurement of insurance. See City of Kingsport v. Lane, 35 Tenn. App. 183 , 243 S.

Sullivan v. Sisters of St. Francis of Texas

374 S.W.2d 294 · Court of Appeals of Texas · Dec 31, 1963

Appellants anT swered the motion for a summary judgment in effect admitting the charitable immunity of the Hospital, but alleging that there are certain recognized exceptions to -.the- doctrine of charitable immunity, among … Appellants alleged “that at all times pertinent to this law suit such Defendant failed to comply with the standards established by the Joint Commission on Accredation of Hospitals and of the American Hospital Association

Cleghorn v. City of Albany

184 Ga. App. 732 · Court of Appeals of Georgia · Sep 18, 1987

The ordinance further provides that among the criteria for establishing protection there shall be included a determination of “which events are best suited financially for the Civic Center and will provide the highest net … Wilson & Gibson, 49 Ga. 476 , where the City “had the power by law to establish and erect a market house, but not in the street where it had temporarily erected one.

Smith & Wesson Corp. v. City Of Gary, Indiana

Indiana Court of Appeals · Dec 29, 2025

The City has failed to establish that the Reservation Statute is an unconstitutional special law. 7 In KS&E Sports, the Supreme Court observed: “One explanation [for the Immunity Statute] may be … The City failed to establish a separation of powers or open courts violation.

STEVE HARMAN v. MANHEIM REMARKETING, INC., Defendant-Respondent.

461 S.W.3d 876 · Missouri Court of Appeals · May 26, 2015

This section requires the employer to either carry insurance or qualify as a self-insurer. 8 Mays v. Williams, 494 S.W.2d 289, 291 (Mo. banc 1973). … Just because Jenkins is not liable to Sexton for coverage in this instance does not remove Jenkins’ civil immunity. Sexton, 41 S.W.3d at 6-7.

Bradford v. Everett

730 So. 2d 594 · Court of Appeals of Mississippi · Mar 9, 1999

, in their individual capacities, enjoyed qualified immunity; and (5) Bradford had a claim for disability benefits pending before the Mississippi Workers’ Compensation Commission based upon the same factual allegations. ¶ … These two considerations combine to demonstrate that questions of sovereign immunity, either absolute or qualified, though raised at the trial level, are no longer relevant to our consideration.

Gamble v. Ware County Board of Education

253 Ga. App. 819 · Court of Appeals of Georgia · Feb 19, 2002

The complaints thus establish that K. … City of Marietta, 267 Ga. 683, 695 (8) ( 482 SE2d 347 ) (1997) (“[T]o have a property interest, a person clearly must have more than an abstract need or desire for it.

Davis v. Board of Education for Prince George's County

222 Md. App. 246 · Court of Special Appeals of Maryland · Apr 3, 2015

The appellants argued to the court that the letter from the MIA established that the Board had not complied with the filing requirements of EA section 4-105, and therefore was not entitled to the immunity set forth in CJ … The appellants also argued that the letter established that the Board did not have any liability insurance, and for that reason as well did not comply with EA section 4-105 and was not entitled to immunity under CJ section

Kelso v. Gonzales Healthcare Systems

136 S.W.3d 377 · Texas Court of Appeals, 13th District · May 13, 2004

However, they failed to clearly state such a claim. Consequently, there is no waiver of immunity from suit, and the trial court lacks subject matter jurisdiction of the claims against the appellees. See Snelling v. … These facts, had they been included in the Kel-sos’ petition, would have been sufficient to establish jurisdiction by waiving sovereign immunity under the tort claims act. See id.