Case law

Nichols v. Villarreal

113 Ohio App. 3d 343 · Ohio Court of Appeals · Aug 8, 1996

Upon its face, R.C. 1.48 establishes a threshold analysis which must be utilized prior to inquiry under Section 28, Article II of the Ohio Constitution.” Accord Schoenrade v. … If the statute does not clearly indicate *349 retroactive application, the statute may only apply to cases arising subsequent to its enactment.

Faye Comte and Laura Severt v. Smith County Commissioners Court and Joel P. Baker, Cary Nix, Jeff Warr, Joann Hampton, and Terry Phillips, Each in His or Her Official Capacity as a Smith County Commissioner

Texas Court of Appeals, 6th District (Texarkana) · Mar 23, 2015

IMMUNITY DOES NOT BAR SUIT FOR FUNDS WRONGFULLY WITHHELD Immunity involves two issues; immunity from suit and immunity from liability. … Combs is in anyway analogous to this case clearly indicates a misunderstanding of the underlying facts of both cases.

Boney v. Worley

261 S.W.3d 641 · Missouri Court of Appeals · Sep 2, 2008

Cass County argues that the intersection did not qualify as a dangerous condition exception to sovereign immunity under section 537.600. 1 Section 537.600.1(2) provides that an exception to sovereign immunity arises through … Cass County further states that waiving sovereign immunity under the statute is to be strictly construed, and the burden is on the plaintiffs to establish an exception to the general rule.

Garibaldi v. Applebaum

301 Ill. App. 3d 849 · Appellate Court of Illinois · Jan 21, 1999

In Garibaldi I, we held that the hospital “clearly had a contractual relationship with Garibaldi in 1992.” Garibaldi I, 273 Ill. App. 3d at 540 . … We also found that the qualified immunity granted under the Medical Practice Act only protects “individuals who serve on or provide service to those same hospital committees for actions or decisions of those individuals made

Hill v. PORT AUTH. T. SYS., ALLEG. CTY.

125 Pa. Commw. 69 · Commonwealth Court of Pennsylvania · Apr 11, 1989

Further, it was intended to re-establish limited governmental immunity abrogated by Ayala v. … This Court finds that the Authority consistently maintained that it was not the primary obligor even subsequent to disclosure of information which clearly established Appellant's uninsured status and subsequent to this Court's

Marvel v. State of Delaware.

Superior Court of Delaware · Dec 8, 2014

Plaintiff sufficiently established that he is indigent. … in their official capacities.14 The only way in which this immunity may be waived is by an express act of the Delaware General Assembly.15 The Plaintiff fails to cite any act of the General Assembly to suggest that immunity

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.

Horning-Keating v. State

777 So. 2d 438 · District Court of Appeal of Florida · Feb 9, 2001

Rothstein which would not qualify as evidence in any event. … Clearly, the attorney/client privilege is not a bar to discovery in this case, and to the extent that the work product immunity may be ( i.e. that Ms.

Jones v. Insurance Company of North America

303 So. 2d 902 · Louisiana Court of Appeal · Feb 7, 1975

Although an attempt was made to establish Mortuary's ownership of the pickup truck allegedly involved in the accident, the record clearly preponderates in favor of the conclusion that the truck was owned by Davis individually … However, under the circumstances, Davis may not invoke the rule that he is immune from tort liability herein.

Nandita Berry, in Her Official Capacity as Secretary of State of the State of Texas v. Texas Democratic Party and Gilberto Hinojosa in His Official Capacity as Chair of the Texas Democratic Party

Texas Court of Appeals, 3rd District (Austin) · Nov 7, 2014

Standard of Review The state generally enjoys immunity from suit and liability unless immunity has been clearly and unambiguously waived by legislative enactment or constitutional provision. … This provision clearly and unambiguously waives immunity from suit.

Floyd v. Baltimore City

241 Md. App. 199 · Court of Special Appeals of Maryland · Jun 4, 2019

Even if she was qualified to “support and possibly to implement the policy of the [Council] and [Committee] regarding the [Act],” she was not qualified “to make or explain that policy.” … remedies following establishment of the merits of its foundational claim seems to us to run counter to the intent of the Act[.]

Musheno v. Lock Haven University

132 Pa. Commw. 643 · Commonwealth Court of Pennsylvania · May 11, 1990

Summary judgment is properly granted where there is no genuine issue of material fact and the moving party has clearly established entitlement to judgment as a matter of law. Gump v. … ; and (2) the cause of action must fall within one of the eight exceptions to governmental immunity.

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.

Vacalis v. State

17 Ala. App. 521 · Alabama Court of Appeals · Feb 10, 1920

And Lord Chancellor Brougham added: “This precaution is not qualified by any reference to a proceeding pending or in contemplation.” Greenough v. … The reason for this rule is clearly stated in 1 Greenl. Ev. § 238; 19 A, & E. Ency. (1st Ed.) p. 128.

Elite Care, RX v. Premier Comp Solutions

296 A.3d 29 · Superior Court of Pennsylvania · May 23, 2023

As stated above, the WCA establishes the exclusive forum for resolution of both payment disputes and alleged mismanagement of workers’ compensation claims. … Workers’ compensation judges are uniquely qualified to make such decisions due to their expertise in the area of workers’ compensation law.

Savieo v. City of New Haven

824 N.E.2d 1272 · Indiana Court of Appeals · Apr 7, 2005

Because the ITCA is in derogation of the common law, we construe it narrowly against the grant of immunity. The party seeking immunity bears the burden of establishing that its conduct comes within the ITCA. … In Campbell, this Court reflected on the *1277 difficulties in distinguishing between "governmental functions" and "proprietary functions" and concluded that establishing categories of governmental immunity was best left

Cline v. James Bane Home Bldg.

Court of Appeals of North Carolina · Jun 15, 2021

sovereign, absolute or qualified immunity, the denial of a motion for summary judgment is immediately appealable.” … The insurance policy at issue there contained the following exclusion: “this policy provides coverage only for occurrences or wrongful acts for which the defense of governmental immunity is clearly not applicable

Donnelly v. Southeastern Pennsylvania Transportation Authority

708 A.2d 145 · Commonwealth Court of Pennsylvania · Mar 12, 1998

See Ortiz (holding that routine construction work on a scaffold clearly involves no special danger or peculiar risk); Edwards v. … Exception to Sovereign Immunity Requirement Even if the Donnellys could maintain a cause of action against SEPTA at common law, they would still not prevail because they have failed to establish that any negligence on the

Buford-Thompson Company, LLC D/B/A BTC v. Rankin Independent School District

Texas Court of Appeals, 8th District (El Paso) · Apr 21, 2025

District counsel argued the trial court lacked jurisdiction because BTC could not establish a waiver of governmental immunity. … Section 176.013 clearly outlines the applicable criminal offense and designates misdemeanor offense levels based on the subject contract’s monetary value.

Reber v. Commonwealth

101 Pa. Commw. 397 · Commonwealth Court of Pennsylvania · Oct 21, 1986

Reber established a cause of action in negligence against the LCB, if we accept the averments as true. To prevail, Mr. … Reber sustained does not clearly appear from the facts. What clearly appears from the facts is that reasonable minds could differ on the question of proximate cause.