Case law

Gerkin v. Santa Clara Valley Water District

95 Cal. App. 3d 1022 · California Court of Appeal · Aug 17, 1979

As originally enacted in 1963, section 846 granted property owners qualified immunity from liability for injuries connected with “taking of fish and game, camping, water sports, hiking or sightseeing.” … While the plaintiff’s subjective intent will not be controlling, it is relevant to show purpose. *1028 The deposition testimony submitted by respondents in support of their motion establishes that appellant was either walking

Andries v. Royal Caribbean Cruises, Ltd.

12 So. 3d 260 · District Court of Appeal of Florida · May 13, 2009

He testified that a staph infection is characterized by antigens that precipitate an immune response and the production of antibodies which are believed to accumulate in the glomeruli (essentially the filtration tubes in … The nephropathy only develops in a fraction of the individuals exposed to a staph infection, and the reasons for differences in susceptibility are not clearly understood. 5 . See Meirell Dow Pharms., Inc. v.

Wells v. City of Lynchburg

331 S.C. 296 · Court of Appeals of South Carolina · May 18, 1998

The public duty rule is distinguishable from immunity. Immunity is an affirmative defense which must be pleaded and can be waived. … One who pleads immunity conditionally admits the plaintiffs case, but asserts immunity as a bar to liability.

Stockinger v. Feather River Community College

4 Cal. Rptr. 3d 385 · California Court of Appeal · Sep 2, 2003

Defendants were immune from liability under section 87706 (see fn. 1, ante). … This case clearly falls in the latter category. Plaintiff cites case law allowing imposition of liability for off-school-premises injuries resulting from on-school-premises negligence.

Miles v. Perry

11 Conn. App. 584 · Connecticut Appellate Court · Jul 21, 1987

The defendants assert two privileges: (1) a conditional or qualified privilege applicable to false expression encompassing a matter of public concern; and (2) a conditional or qualified privilege conditioned upon statements … The trial court held, therefore, that the defendants, could not invoke a qualified privilege. These findings are not clearly erroneous. Holbrook v. Casazza, supra, 344 ; Pandolphe’s Auto Parts, Inc. v.

Vespaziani v. Commonwealth

40 Pa. Commw. 54 · Commonwealth Court of Pennsylvania · Jan 19, 1979

Pennsylvania Department of Highways, 479 Pa. 384 , 388 A.2d 709 (1978), that the Commonwealth is no longer immune from suit by virtue of the *58 common law doctrine of sovereign immunity, and (2) since the Board of Arbitration … of Claims was established to provide a forum for obtaining a remedy against the Commonwealth where none existed due to the sovereign’s immunity.

Johnson v. Woodland Hills School District

135 Pa. Commw. 43 · Commonwealth Court of Pennsylvania · Oct 29, 1990

Miladin, 123 Pa.Commonwealth Ct. 405, 553 A.2d 535 (1989), that the real property exception to immunity 1 did not apply. … Summary judgment is only appropriate when, after examining the record in favor of the nonmoving party, there is no genuine issue of material fact and the movant clearly establishes that he or she is entitled to judgment as

Aranyosi v. Delchamps, Inc.

98 La.App. 1 Cir. 1325 · Louisiana Court of Appeal · Jun 25, 1999

Nevertheless, even if all the elements of defamation were present, a qualified privilege exists in favor of defendants. … by statute or otherwise, including but not limited to immunity as provided in R.S. 23:1032, or that the other person's identity is not known or reasonably ascertainable.

Ryder Integrated Logistics, Inc. and Ryder Integrated Logistics of Tex., LLC v. Fayette County

414 S.W.3d 864 · Texas Court of Appeals, 4th District (San Antonio) · Aug 30, 2013

Unless the TTCA clearly and unambiguously waives immunity, the government will be immune from suit. Miranda, 133 S.W.3d at 224–25; Wichita Falls State Hosp. v. Taylor, 106 S.W.3d 692, 696 (Tex. 2003). … Under section 101.021(2), a plaintiff can establish a waiver of sovereign immunity by establishing the “use or misuse of the property was a contributing factor to the alleged harm.” Id.

Clark Ex Rel. Estate of Clark v. South Carolina Department of Public Safety

353 S.C. 291 · Court of Appeals of South Carolina · Nov 12, 2002

a limitation upon liability or an exception to the waiver of immunity is upon the governmental entity asserting it as an affirmative defense.” 20 “To establish discretionary immunity, the governmental entity must prove that … A traffic officer's decision to pursue a vehicle ..., though discretionary in the sense that it involves the exercise of judgment and choice by the officer, is not one that qualifies its maker to immunity ...

Findlay v. Martens

2022 Ohio 4146 · Ohio Court of Appeals · Nov 21, 2022

Assignment of Error No. 8 The trial court erred in dismissing Martens claims based on appellees’ qualified immunity. … As Martens has not established a genuine issue of material fact with respect to a sovereign immunity exception in the second tier of the sovereign immunity framework, we need not proceed to the third-tier of the immunity

Brenham Housing Authority v. Margaret Davies

Texas Court of Appeals, 14th District (Houston) · Jan 27, 2005

Had the legislature intended to qualify Section 101.022(a) to a payment for use of temporary duration, it could have done so. … Accordingly, we sustain BHA = s first issue, and find that Davies = s pleadings fail to establish that BHA = s immunity is waived with respect to Davies = s premises defect claim. [4] C.

Henshilwood v. Hendricks County

653 N.E.2d 1062 · Indiana Court of Appeals · Jul 31, 1995

Use of the ditch to collect water was its intended use, and clearly foreseeable and known to the County. The County cannot claim immunity under this clause. … No. 17A03-9412-CR-443 (application of Mullin test established private duty owed by County as facts showed injured party relied on County’s promise to dispatch ambulance).

Doyle v. Clauss

190 A.D. 838 · Appellate Division of the Supreme Court of the State of New York · Mar 3, 1920

Qualified privilege does not afford absolute immunity. It excludes the presumption of malice, (Andrews v. Gardiner, supra.) In Capital & Counties Bank v. Henty & Sons (L. R. 7 App. … If the plaintiff establishes malice, then, despite the qualified privilege, damages may be recovered, and even punitive damages as well. (Crane v. Bennett, 177 N. Y. 106, 116 .)

Holder v. Louisiana Parks Service, Inc.

493 So. 2d 275 · Louisiana Court of Appeal · Aug 21, 1986

FACTS The affidavits and interrogatories and their answers establish the following facts to be considered in determining the merits of the motion for summary judgment. … There remains a material issue as to whether the park, its location and surrounding developments qualifies it for the immunity provided for by the statutes.

State v. Jones

171 Mo. 401 · Missouri Court of Appeals · Jan 9, 1903

that his confession was obtained by duress or promise of immunity the confession must be excluded. … The confession established defendant’s guilt beyond all question and was corroborated.

San Benito Economic Development Corporation, Inc., Fred Sandoval, Mario Palomo, Ruben Cortez, Anna Garza Llanes, Daniel Cortez, Gabriel Herrera, Deborah A. Morales, Hector Gomez, Thomas W. Goodman, II, Ricardo Guerra, Pedro A. Galvan, and Joe E. Navarro v. Varco Real Estate San Benito, LLC

Texas Court of Appeals, 13th District · May 21, 2026

But the Texas Supreme Court in Rosenberg clearly held that EDCs are not governmental entities for purposes of immunity from suit, and SBEDC cannot claim that it was an agent of the State because the Rosenberg court again … clearly held EDCs are not.

Piazza v. Cuyahoga Cnty.

98 N.E.3d 1263 · Ohio Court of Appeals · Oct 12, 2017

Auth. , 131 Ohio St.3d 418 , 2012-Ohio-570 , 966 N.E.2d 247 , where the court interpreted R.C. 2744.09(B) to hold that an intentional tort alleged against a political subdivision qualifies as matter arising out of the employment … But what the majority fails to recognize is, as harsh or as unfair as that result may be (particularly to people who may be unjustly terminated), carving out an exception to immunity for such a clearly defined group appears

Hwy 3 Mhp, Llc v. Electric Reliability Council of Texas (ERCOT)

462 S.W.3d 204 · Court of Appeals of Texas · Mar 12, 2015

(providing that utilities are obligated “to abide by the procedures established by ERCOT”). … Fund, 212 S.W.3d 320, 324 (Tex. 2006) (explaining that sovereign immunity extends to universities).

Transformative Learning System D/B/A Transformative Charter Academy v. Texas Education Agency and Michael Williams in His Official Capacity as the Commissioner of Education

572 S.W.3d 281 · Texas Court of Appeals, 3rd District (Austin) · Dec 28, 2018

To establish the district court’s jurisdiction over a controversy, a plaintiff suing the State must establish a waiver of sovereign immunity. Texas Nat. Res. Conservation Comm’n v. … However, “if a plaintiff ‘cannot 14 establish a viable takings claim’ against a governmental entity, the claim would implicate immunity and potentially be barred by it.