Case law

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.

Russell v. Interim Personnel, Inc.

135 Ohio App. 3d 301 · Ohio Court of Appeals · Aug 13, 1999

Appellant argues that because no such proof appears in the record, appellee failed to establish its immunity and was not entitled to judgment under the law. In support of this position, appellant cites Carr v. Cent. … Clearly, from the facts- presented here, appellant may be deemed an employee of appellee.

The City of Corpus Christi, Texas v. Audrey Nickerson

Texas Court of Appeals, 13th District · Jan 4, 2024

By a single consolidated issue, the City argues that Nickerson failed to establish a waiver of the City’s immunity because Nickerson’s claims are barred under the Texas Workers Compensation Act (TWCA). See TEX. … As relevant here, “[c]ourts have held that a motor- driven backhoe qualifies as ‘motor-driven equipment’ allowing for the application of the limited exception to immunity provided by the TTCA.” City of Monahans v. Sw.

Perez, Orlando Javier v. State

Texas Court of Appeals, 13th District · Jan 11, 2001

The record reveals that the State granted Flores use immunity. … This offer was for transactional immunity, not use immunity, and required approval of the court. See id . Because the prosecution failed to show the court's approval, immunity was not established. See id .

Paragon Construction Co. v. Department of Public Works

130 Conn. App. 211 · Connecticut Appellate Court · Jul 19, 2011

The principle that the state cannot be sued without its consent, or sovereign immunity, is well established under our case law. ... … “Our analysis is more specifically illuminated by the well settled principle that when the state waives sovereign immunity by statute a party attempting to sue under the legislative exception must come clearly within its

Township of East Brunswick v. Middlesex County Board of Freeholders

224 N.J. Super. 44 · New Jersey Superior Court Appellate Division · Dec 14, 1987

First, it must be established whether these particular defendants fall within the protection of the Act. … Clearly, Edgeboro is a privately owned and operated business and not a “public entity” which exercises governmental functions.

Central Va. Obstetrics,et al v. Lawanda P. Whitfiel

Court of Appeals of Virginia · Jan 13, 2004

First, it is a non sequitur to assert that a disability — as that term is specifically defined and qualified in the statute — always precedes death or is subsumed by it. … It includes multiple provisions defining its terms, describing its scope, and qualifying its reach.

Hitchcock v. Garvin

738 S.W.2d 34 · Texas Court of Appeals, 5th District (Dallas) · Aug 26, 1987

The law is well established that the burden of proof is on the movant and all doubts as to the existence of a genuine issue of material fact are resolved against him. Oakes v. … Clearly, the failure to activate the flashers or warning signals of a school bus when children are exiting constitutes an “act or omission arising from the operation or use of a motor-driven vehicle” as the Act requires.

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.

State v. Toomey

38 Wash. App. 831 · Court of Appeals of Washington · Nov 5, 1984

Immunity would have jeopardized his conviction, for if he were successful in obtaining a reversal, he could not be tried again. State v. Runions, 100 Wn.2d 52 , 665 P.2d 1358 (1983). … It is debatable whether Toomey's claim qualifies, but we nevertheless elect to consider it. 6 In Michael M. v.

Goines v. Missouri Department of Social Services, Family Support & Children's Division

364 S.W.3d 684 · Missouri Court of Appeals · Feb 28, 2012

We decline Appellant’s invitation to reconsider the established case law on this issue. … This case clearly does not involve the type of “unusual circumstances” where “equity demands a balance of benefits” as established in the case law.

Heimbach v. Heimbach

401 Pa. Super. 119 · Superior Court of Pennsylvania · Jan 7, 1991

facts of this case clearly show that Mrs. … It is now established that the “dual capacity” doctrine is inapplicable where an employee’s compensable injury occurs while the employee is performing his or her job. Lewis, supra 517 Pa. at 475-77 , 538 A.2d at 869 .

Schultz v. Grinnell Mutual Reinsurance Co.

229 Wis. 2d 513 · Court of Appeals of Wisconsin · Jul 22, 1999

An activity that does not clearly fit within the general definitions or the list of activities provided in the statute should still be considered a recreational activity if it is "substantially similar" to the listed activities … Hall, Kostroski, and Hupf establish no more than "walking to or from an immune activity does not alter the landowner's status, and walking to or from a non-immune activity does not alter it either."

TTX CO. v. Whitley

295 Ill. App. 3d 548 · Appellate Court of Illinois · Mar 13, 1998

Defendants asserted that TTX did not qualify for the single-factor formula because it did not transport passengers or freight. … The issue before the circuit court was whether TTX qualified as a transportation company under section 304(d).

Smith v. Commonwealth

1984 Mass. App. Div. 10 · Massachusetts District Court, Appellate Division · Jan 26, 1984

In endeavoring to resolve the question of non-resident eligibility, we remain cognizant of the statute’s status as social welfare legislation which confers non-contraetual benefits from the public treasury upon qualifying … P., Rule 12(b)(3) must be allowed if lack of venue is established. See, e.g., Kalman v. Board of Aldermen of Chelsea, 13 Mass. App. Ct. 904 (1982). Either party may alternatively move under G.

Cadmus v. LONG BRANCH BOARD OF EDUCATION AND INDUSTRIAL ASSOCS.

155 N.J. Super. 42 · New Jersey Superior Court Appellate Division · Dec 21, 1977

Div. 1976), the terminology of the Tort Claims Act makes it obvious that the goal of the Legislature was to reestablish immunity for all governmental subdivisions within its definition of "public entity," a description clearly … to provide for, among other things, the establishment of ancillary services and activities to enhance the value of the programs ( e.g., pre-service and in-service training for teacher coordinators, establishment of priority

Quintana v. University of California

111 N.M. 679 · New Mexico Court of Appeals · Feb 7, 1991

To qualify as a statutory employer under Section 52-1-22, however, a contractor must meet two express conditions. … Having determined the requirements defendants must meet to qualify as a statutory employer, we now turn to the trial court’s ruling in this appeal.

Duren v. City of Binghamton

258 A.D. 694 · Appellate Division of the Supreme Court of the State of New York · Mar 6, 1940

There is no immunity under the doctrine of governmental functions unless the negligence arises in connection with the discharge of a governmental function directed and required by a statute of the State of New York. … The evidence clearly establishes the city’s failure in this regard. The moneys paid to plaintiff by the Federal government were wages and not a dole. (Matter of Liebowitz v. Goldwater, 161 Misc. 115 ; Dibner v.

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

White v. Eastland County

12 S.W.3d 97 · Court of Appeals of Texas · Nov 10, 1999

Summary judgment is proper when the movant establishes that there is no genuine issue of material fact and that he is entitled to judgment as a matter of law. Nixon v. Mr. … Sovereign Immunity Sovereign or governmental immunity is a common-law rule. Although there are common-law exceptions, sovereign immunity normally applies unless it has been waived by statute.