Case law

Kritzer v. Qwest Corp.

2025 COA 54 · Colorado Court of Appeals · May 29, 2025

In the second motion, Qwest argued that it was shielded from liability because it was an owner of land that qualified for immunity under CRUS. … ¶ 37 Second, Colorado has a longstanding and well-settled practice that “[a] statutory grant of immunity, in derogation of the common law, should be interpreted narrowly, and any exceptions to that immunity,

Application of Du Page County Collector

243 Ill. App. 3d 823 · Appellate Court of Illinois · Apr 13, 1993

The collector contends that this Tort Immunity Act language clearly places liability insurance taxes outside the limitations of section 25.05. … Thus the question before us is whether language in the Tort Immunity Act clearly and expressly excluded liability taxes from the section 25.05 limitation.

Brown v. Hamilton County

126 S.W.3d 43 · Court of Appeals of Tennessee · Aug 19, 2003

deviates from an established plan or policy. … Clearly, if he was unsuitable for the program, it was even more reason to institute a heightened scrutiny and monitor him more intensely.

Mayor & City Cncl of Balt. v. Wallace

Court of Special Appeals of Maryland · Feb 1, 2024

Consistent with the General Assembly’s intent, the Recreational Use Statute does not shield local governments from the well-established common law principle that local governments are not immune from tort liability if performing … sovereign immunity in the future.

Texas Department of Health v. Simon Rocha

Texas Court of Appeals, 13th District · Mar 27, 2003

On October 7, 1997, appellants filed a plea to the jurisdiction and special exceptions, asserting that sovereign immunity and qualified immunity barred all claims against TDH and the named TDH employees. … For the trial court to have jurisdiction, the plaintiff who sues the state under state law must establish a waiver of sovereign immunity by: (1) alleging legislative consent to such suit in his petition, either by reference

Petroleum Traders Corp. v. State

190 N.C. App. 542 · Court of Appeals of North Carolina · May 20, 2008

Defendants assert that the Declaratory Judgment Act does not waive sovereign immunity, and Plaintiff concedes that it “has not relied on the Declaratory Judgment Act to establish the absence of sovereign immunity.” … We agree, and conclude that the waiver of sovereign immunity established by Corum does not extend to Count I or II of Plaintiff’s complaint.

Dean, M. v. Bowling Green-Brandywine

192 A.3d 1177 · Superior Court of Pennsylvania · Jul 2, 2018

They argued Appellants had failed to present evidence capable of establishing willful misconduct or gross negligence. Brandywine and Dr. … Allen is clearly distinguishable. Allen directs that once a patient is being treated for psychiatric issues, any contemporaneous medical treatment must be considered part and parcel of the psychiatric treatment.

Skill Zone USA, LLC v. Van Zandt County, Texas

Texas Court of Appeals, 12th District (Tyler) · Mar 28, 2024

When deciding whether the Legislature clearly and unambiguously waived governmental immunity absent express-waiver language, the high court has further instructed courts to (1) consider “whether the statutory provisions, … Chapter 234, Subchapter E of the Local Government Code clearly states that nothing contained within the subchapter itself renders legal any activity previously made illegal, and further clearly states that obtaining a county

Brown v. Penland Const. Co., Inc.

276 Ga. App. 522 · Court of Appeals of Georgia · Nov 23, 2005

In Drury , the plaintiffs were teachers who held nonrenewable certificates and did not pass the performance test that would qualify them to receive permanent teaching certificates. … “Questions of damages are ordinarily for the jury; the appellate court should not interfere with the jury’s verdict unless the damages awarded by the jury are clearly so inadequate or so excessive as to be inconsistent with

Babb v. Centre Community Hospital

2012 Pa. Super. 125 · Superior Court of Pennsylvania · Jun 14, 2012

Babb failed to establish the existence of a material issue of fact sufficient to preclude HCQIA immunity relative to Dr. Oliver and Dr. Chmielewski. The proffered evidence of Dr. Oliver and Dr. … Geisinger insisted on a release that did not contain the qualifying "in good faith and without malice” language.

Rousseau v. City of Philadelphia

100 Pa. Commw. 173 · Commonwealth Court of Pennsylvania · Aug 29, 1986

That no duty was owed by the city is also established by recognizing that the agreement to inspect the work constituted a benefit which runs to the interest of the federal government, and not to appellant. … Appellant has thus not satisfied the strictures of the immunity exception. 2.

Chapin v. Coloma Township

163 Mich. App. 614 · Michigan Court of Appeals · Jun 25, 1987

If governmental immunity is at issue, as in the instant case, the plaintiff must plead facts in avoidance of the bar of immunity. … In order to establish nuisance in fact, it is necessary to show that the defendant is responsible for a "dangerous, offensive, or hazardous” condition.

Bostic Packaging, Inc. v. City of Monroe

149 N.C. App. 825 · Court of Appeals of North Carolina · Apr 16, 2002

The Court stated that the “establishment and construction of a sewer system by a municipality are governmental functions entitling it to immunity from negligence.” Id. at 610 , 261 S.E.2d at 300-01 . … immunity.

Kroh v. Kroh

152 N.C. App. 347 · Court of Appeals of North Carolina · Aug 20, 2002

We conclude that the record on appeal supports the trial court’s determination that Teresa Kroh acted with actual malice, thus negating any qualified immunity she otherwise would have enjoyed under G.S. § 7B-309 for her statements … immunity under G.S. § 7B-309.

Buffalo v. Buffalo

441 N.E.2d 711 · Indiana Court of Appeals · Nov 10, 1982

Instead, a new family unit had been established which consisted of plaintiff and her mother. … Clearly, mother can bring suit against father for the recovery of medical expenses and loss of her child’s services.

Greensun Group Llc v. City Of Bellevue

436 P.3d 397 · Court of Appeals of Washington · Mar 4, 2019

Because 19 qualified applicants sought to open shops in Bellevue, the LCB held a lottery on May 2, 2014. Greensun ranked fifth. … Discretionary Immunity Second, the City argues its actions were privileged based on discretionary immunity. When the legislature passed RCW 4.92.090, it abolished sovereign immunity.

Leon Greenblatt v. Sewerage & Water Board of New Orleans, B&K Construction Co., LLC, Cajun Constructors, LLC, Linfield, Hunter & Junius, Inc. and Boh Bros Construction Co., LLC

Louisiana Court of Appeal · Dec 20, 2019

the finding is clearly wrong (manifestly erroneous). … At the outset, we note that “trial court is afforded wide discretion in determining whether expert testimony should be admitted and who should or should not be qualified as an expert;” thus, “the decision to qualify an

Lacey v. Horan

119 A.D.2d 806 · Appellate Division of the Supreme Court of the State of New York · Apr 28, 1986

Lastly, we note that the doctrine of qualified governmental immunity enunciated in Weiss v Fote (supra), is not a basis for granting summary judgment to the county, as there are clearly factual disputes as to whether or not

Nielsen v. Lee

355 N.J. Super. 373 · New Jersey Superior Court Appellate Division · Dec 3, 2002

The sole issue before us is whether at the time of the accident Metuchen's establishment of a statutory shade tree commission afforded absolute immunity from liability for sidewalk defects caused by a tree to the abutting … Clearly, had this sidewalk accident occurred on or after December 5, 1996, rather than two months earlier, there would be no doubt as to the duty and liability of the commercial abutting owners.

Crystal City Independent School District v. Magdalena Flores

Texas Court of Appeals, 8th District (El Paso) · Sep 21, 2023

plaintiffs to allege jurisdictional facts giving rise to an actual violation of the Act to qualify for the statutory waiver of immunity.” … CONCLUSION Flores cannot establish the necessary waiver of governmental immunity that would permit her case to proceed under the Act.