Case law

Jacobs v. City of Columbus ex rel. Police Department

454 N.E.2d 1253 · Indiana Court of Appeals · Oct 18, 1983

Other than the dicta in Seymour, we have found no case which qualifies the immunity granted in Ind.Code 34-4-16.5-8. The immunity in issue is a residue of the sovereign immunities enunciated in pre-Campbell cases. … conduct might otherwise be clearly established."

Williams v. Chatman

17 S.W.3d 694 · Texas Court of Appeals, 7th District (Amarillo) · Oct 20, 1999

Once established, the immunity applies without regard to the particular theory alleged by the plaintiff. … Examination of that document clearly supports the challenged affidavit statement.

Taylor v. Sauls

772 So. 2d 686 · Louisiana Court of Appeal · Sep 6, 2000

Defendants assert that he was not qualified to testify regarding the standard of care in DeRidder, Louisiana. … Hearn's testimony was clearly material.

Wright v. Williamsport

2019 Ohio 2682 · Ohio Court of Appeals · Jun 21, 2019

B POLITICAL SUBDIVISION IMMUNITY {¶ 16} R.C. Chapter 2744 establishes a three-step analysis for determining whether a political subdivision is immune from liability. Cramer v. … We held that the school’s “initial decision * * * to purchase and install the irrigation system clearly involved the exercise of protected judgment or discretion, for which [the school] is entitled to immunity * * *.”

Stephanie Clark v. SSM Healthcare St. Louis, d/b/a SSM Health St. Joseph Hospital, Wentzville, Dawn Holemon, M.D., Lee M. Freund, D.O., and St. Charles Emergency Group, LLC.

Missouri Court of Appeals · Mar 7, 2023

Nancy Wurtz, an intake clinician whose duties were to record and then convey the patient’s history to a qualified mental health professional, performed a second suicide risk assessment. … The current statute establishes that aggravating circumstances damages “shall be made only upon a finding by the jury that the evidence clearly and convincingly demonstrated that the health care

Frenz v. Springvale Golf Course & Ballroom

2012 Ohio 3568 · Ohio Court of Appeals · Aug 9, 2012

No. 89490, 2008-Ohio-1254, we reiterated that: the Ohio Supreme Court established a three-tiered analysis for determining whether a political subdivision is immune from liability under Chapter 2744 … If we were to end our analysis here, the city would clearly prevail.

Mistecka v. Commonwealth

46 Pa. Commw. 267 · Commonwealth Court of Pennsylvania · Oct 1, 1979

C.S. §5110, as to which the legislature has granted a limited waiver of sovereign immunity. We conclude that subsection (a)(5) of 42 Pa. … The situations described in these complaints are clearly not created by natural elements.

Falkowski v. Maurus

637 So. 2d 522 · Louisiana Court of Appeal · Sep 9, 1993

The court then considered the statutory immunity granted by LSA-R.S. 40:1235, which grants immunity from civil liability to emergency medical technicians, parish governing authorities and their insurers, among others, for … A court of appeal may not set aside finding of fact by the lower court in the absence of manifest error or unless it is clearly wrong.

Wilson v. City of Jersey City

415 N.J. Super. 138 · New Jersey Superior Court Appellate Division · Aug 4, 2010

However, we find that Burd clearly did not engage in a blind transfer. … Plaintiffs contend that the Jersey City defendants do not qualify for Title 52 immunity because Jersey City was not acting as a PSAP.

Wendell H. Taylor v. Lubbock Regional MHMR & JI Texas Risk Management and Texas Department of Insurance Division of Workers' Compensation

Texas Court of Appeals, 7th District (Amarillo) · Jan 8, 2013

In sum, Taylor does not point us to, and we do not find, a statute that clearly and unambiguously waives immunity from suit for damages for the tort claims Taylor alleges against MHMR, the Risk Management Fund, and the Division … --Texarkana 1992, no writ) (holding evidence did not clearly establish private insurance adjuster handling workers' compensation claims for Texas Municipal League Intergovernmental Risk Pool was agent of risk pool entitled

Department of Highway Safety v. Marks

898 So. 2d 1063 · District Court of Appeal of Florida · Mar 18, 2005

judicial capacities unless they clearly act without jurisdiction. … The Volpe remand is analogous to the one in Lewis , to allow the establishment of factual circumstances not in the record.

Weaver v. Duff Norton Co.

115 Mich. App. 286 · Michigan Court of Appeals · Mar 23, 1982

and consequent liability rather than to immunity. … Section 1287(1) of the School Code of 1976, MCL 380.1287(1); MSA 15.41287(1), authorizes school boards to establish vocational education programs: "The board of a school district other than a primary school district may establish

Rayfield Ex Rel. Estate of Rayfield v. South Carolina Department of Corrections

297 S.C. 95 · Court of Appeals of South Carolina · Oct 31, 1988

If he did, his failure to take due care is established as a matter of law. … One who pleads immunity, conditionally admits the plaintiffs case, but asserts his immunity as a bar to liability. The burden is on the defendant to establish his immunity from suit.

In Re: KVIA - Channel 7 v. the State of Texas

Texas Court of Appeals, 8th District (El Paso) · Sep 27, 2024

Article 38.11. 4 KVIA bears the burden of providing this Court with a sufficient record to establish their right to mandamus relief. Tex. R. App. … trial court’s waiver finding and rationale. 5 According to the State’s Brief in Opposition: “Moreover, providing a copy of the requested items [to counsel when he also represents the parent] waives any privilege or immunity

Hohorst v. Easton

Connecticut Appellate Court · Feb 17, 2026

“[Our Supreme Court] previously [has] concluded that [t]his language clearly and expressly abrogates the traditional common-law doctrine in this state that municipalities are immune from suit for torts commit- ted by their … Thus, in accordance with the “well established modern principles of governmental immunity” that apply in Connecticut, and the reasoning  Hohorst v.

Leone v. City of Chicago

235 Ill. App. 3d 595 · Appellate Court of Illinois · Sep 4, 1992

Although the Local Governmental and Governmental Employees Tort Immunity Act (hereinafter Tort Immunity Act) (Ill. Rev. … MURRAY and GORDON, JJ., concur. 1 The Tort Immunity Act (Ill. Rev.

Department of Human Resources v. Briarcliff Haven, Inc.

141 Ga. App. 448 · Court of Appeals of Georgia · Feb 28, 1977

L. 1973, pp. 1489, 1490; Code Ann. § 2-3710), which authorized the General Assembly to establish a State Court of Claims with jurisdiction over cases involving claims for damages against the state, its agencies, or political … Since the General Assembly has taken no action which would allow or sanction an action such as is here involved, the doctrine of sovereign immunity as clearly expressed in the Constitution must be followed.

Shirley Lenoir, Individually and as Personal Representative of the Estate of Shana Lenoir and Christopher McKnight , Individually and as Next Friend of Nayla McKnight v. U.T. Physicians

Texas Court of Appeals, 1st District (Houston) · Aug 5, 2015

—Amarillo 1982, writ dism’d) (holding that UIL failed to establish that it qualified as governmental entity in its own right or as part of UT–Austin, even though UIL was created at urging of UT–Austin president). … Because we have concluded that UTP has not met its burden to establish that it qualifies as a governmental unit or to otherwise assert a right to governmental immunity from its relationship with UTHSC-H, we conclude that

Michael J Bedford v. Derek S Witte

Michigan Court of Appeals · Nov 22, 2016

Moreover, this Court reviews de novo, as a question of law, whether there exists a privilege that immunizes a defendant from liability for defamation. … The Court specifically stated, “The immunity is a qualified one, but defendant has met the qualifications that the report must be fair and true.” Id.

Trenco, Inc. v. Dept. of Transp.

126 Pa. Commw. 501 · Commonwealth Court of Pennsylvania · Jun 14, 1989

However, we believe that appellant has established issues of material fact concerning DOT’s alleged negligent mainte *506 nance of the property adjacent to Route 11 and, therefore, has established a claim within Section 8255 … Clearly, in that scenario, as well as in the facts presently before the Court, the dangerous condition was of the land itself.