Case law

Commonwealth v. Daniels

280 Pa. Super. 278 · Superior Court of Pennsylvania · Sep 23, 1980

Snelick was not properly immunized to give testimony. The appellant lacks standing to raise this issue. Commonwealth v. … An expert witness may be qualified in several different ways. An expert may acquire his knowledge through occupational, practical or other experiential training.

Crystal Ice-Bridgeton, LLC v. City of Bridgeton

428 N.J. Super. 576 · New Jersey Superior Court Appellate Division · Nov 13, 2012

“[T]he costs of denying immunity would inevitably be passed directly by public contractors to the immunized public entity, rendering meaningless the tort immunity where the contractor was merely doing what it contracted to … ” in "cases in which pre-deprivation process was impracticable because the plaintiff was deprived of property as the result of a[n allegedly] . . unauthorized act of a state employee”). " ‘Construction official' means a qualified

Archer ex rel. Maureen G. v. Dare Family Services, Inc.

14 Mass. L. Rptr. 375 · Massachusetts Superior Court · Feb 11, 2002

caregiver qualifies as an employee under the common law direction and control test. … DSS establishes and enforces the policies applicable to DARE and its mentor parents.

L.F.V., a minor, by her legal guardians K. Varano & J. Varano v. S. Philadelphia H.S. & Philadelphia S.D.

Commonwealth Court of Pennsylvania · Jun 9, 2025

traffic signs, lights or other traffic controls, street lights or street lighting systems under the care, custody or control of the local agency, except that the claimant to recover must establish … Accordingly, per Crowell, we examine whether Plaintiffs have alleged “specific facts” that would establish the District’s joint negligence despite the presence of additional tortfeasors, i.e., the two minors.

Univeristy of Miami, School of Medicine v. Ruiz

164 So. 3d 758 · District Court of Appeal of Florida · May 27, 2015

Although NICA’s Notice Provision makes no reference to NICA’s Immunity Provision or discusses waiver of immunity in the statute itself, it is now well-established Florida law that a party who is required to give notice … Because the plaintiffs have alleged that UM is “directly involved” in the labor and delivery, and UM is clearly entitled to immunity under 8 At oral argument, counsel for the plaintiffs admitted that the complaint was

Garcia v. City of Albuquerque

84 N.M. 168 · New Mexico Court of Appeals · Aug 23, 1972

The city next contends the subject of the 1941 bill is clearly expressed in the title. City of Albuquerque v. Campbell, 68 N.M. 75 , 358 P.2d 698 (1961), is cited in passing. … This phrase does not give reasonable notice of the immunity provisions of section 2 of the statute under the test originally established by the Supreme Court in State v. Ingalls, supra.

Esther Garcia Ortega v. State

472 S.W.3d 779 · Court of Appeals of Texas · Jul 30, 2015

The State has no burden to show compliance with Miranda unless and until the record as a whole “clearly establishes” that the defendant’s statement was the product of a custodial interrogation. Id. … Thus, appellant could not qualify for immunity under section 47.08 even if such immunity could be triggered by an unwarned custodial interrogation. We overrule appellant’s fourth issue. IV.

Glenn v. Columbus

2016 Ohio 7011 · Ohio Court of Appeals · Sep 27, 2016

No. 16AP-15 5 {¶ 11} It is undisputed that the city, as a political subdivision performing a government function, qualifies for immunity … In Anderson, the Supreme Court noted that, "it is well established that the violation of a statute, ordinance, or departmental policy enacted for the safety of the public is not per se willful, wanton, or reckless conduct

Gidvani, Parvin G. v. Jerome Aldrich

Texas Court of Appeals, 1st District (Houston) · Feb 7, 2003

Official Immunity In his second issue, Gidvani claims the trial court erred by granting summary judgment on the affirmative defense of official immunity. … In light of our conclusion that summary judgment was proper based on the affirmative defense of qualified immunity, it is unnecessary for us to reach the merits of Gidvani’s remaining issues, and we decline to do so.

Rodriguez v. Hartford

224 Conn. App. 314 · Connecticut Appellate Court · Mar 19, 2024

The trial court concluded that the allegations of negligence in counts one and two clearly related to discretionary functions and, therefore, the defendants were immune from liability both at common law and under General … [Our Supreme Court] previously [has] concluded that [t]his language clearly and expressly abrogates the traditional common-law doc- trine in this state that municipalities are immune from suit for torts committed by their

Gates v. Superior Court

32 Cal. App. 4th 481 · California Court of Appeal · Feb 15, 1995

Other commentators are in agreement that the Tort Claims Act immunities apply to liabilities established by other statutes. (Cal. … As we shall see, the Legislature clearly has not done so.” (48 Cal.3d at pp. 382-383.)

Moore v. Cranford

285 Ga. App. 666 · Court of Appeals of Georgia · May 25, 2007

of application if no facts establishing ineligibility have been reported.” … Lee, for appellee. 1 Moore applied for a firearms license on December 13, 2005. 2 Although judges are immune from liability in civil actions seeking damages for acts performed in their judicial capacity, this immunity does

Weinstein v. Department of Transportation

42 Cal. Rptr. 3d 417 · California Court of Appeal · Apr 3, 2006

Since defendant’s showing established that the signage was planned and installed in conformity with the state’s approved standards, defendant was entitled to design immunity. … While defendant bore the burden of establishing each element of its design immunity defense in support of its summary judgment motion, once defendant established its immunity, plaintiffs bore the burden of producing substantial

The Board of Regents of the Texas A&M University System v. BE&K Building Group, LLC

Texas Court of Appeals, 15th District · Feb 12, 2026

PLH only had to establish that Chapter 114, not the contract, unambiguously waived immunity.” (internal citation omitted)). … TAMU contends that the Legislature did not “clearly and unequivocally consent[] to suits that lack a pre-suit notice.”

Gayer v. Fine Line Const. & Elec., Inc.

970 So. 2d 424 · District Court of Appeal of Florida · Nov 28, 2007

Generally, to establish a claim for spoliation, the plaintiff must prove six elements: "(1) existence of a potential civil action, (2) a legal or contractual duty to preserve evidence which is relevant to the potential civil … Labor Ready, 947 So.2d 599, 602 (Fla. 1st DCA 2007) ("Distinguishing the relevant employer for workers' compensation purposes in employee leasing context is more complicated, however, than simply determining who might qualify

Gonzalez v. City of New York

268 A.D.2d 214 · Appellate Division of the Supreme Court of the State of New York · Jan 4, 2000

With regard to the absence of guardrails, the City has failed to establish its entitlement to a defense of qualified immunity (see, Friedman v State of New York, 67 NY2d 271, 284 ) as a matter of law, since it has not identified

State Ex Rel. St. Louis State Hospital v. Dowd

908 S.W.2d 738 · Missouri Court of Appeals · Aug 15, 1995

Relators filed a motion to dismiss Hopkins’ amended petition asserting the protection of sovereign immunity and official immunity. … If the defendant is clearly entitled to immunity, it is not necessary to proceed through trial and appeal to enforce that protection.

Ebarb v. Guinn Bros. Inc.

691 So. 2d 228 · Louisiana Court of Appeal · Apr 2, 1997

established. … Because there remains a material issue of fact as to whether the nature of this property qualifies it for immunity under the recreational use statutes, summary judgment is *234 not appropriate. O'Quinn v.

Georgia Department of Transportation v. Edward Kovalcik

Court of Appeals of Georgia · Apr 4, 2016

The DOT argued in Kovalcik I “that to the extent the Kovalciks’ theory of liability stems from its allegedly negligent approval of . . . design plans, the DOT’s decisions during the approval process of the plans qualify … , “while a void sentence is a nullity and may be vacated at any time, this important legal principle is, nevertheless, subject to the equally well established principles of res judicata and the law-of-the-case rule once the

Janklow v. BD. OF EXAM. FOR NURS. HOME

536 N.W.2d 20 · Court of Appeals of Minnesota · Oct 27, 1995

This appeal follows the district court's denial of BENHA's motion for summary judgment based on immunity from suit. ISSUES I. Did Janklow fail to establish a prima facie claim under the Whistleblower Act? II. … Precedent has not established whether official immunity applies to Whistleblower Act claims at all.