Case law

United Missouri Bank, N.A. v. City of Grandview

105 S.W.3d 890 · Missouri Court of Appeals · May 30, 2003

Thus, to establish that the City was not entitled to invoke sovereign immunity as a defense to this action based upon the dangerous condition exception, UMB was required to prove: “(1) [A] dangerous condition of a public … Section 537.600 “establishes an absolute waiver of immunity in the instances specified and abolishes any distinction between governmental and proprietary acts as a test of governmental liability.”

Nardo v. City of Philadelphia

988 A.2d 740 · Commonwealth Court of Pennsylvania · Jan 8, 2010

Although Section 8542 states that there is an exception to immunity for negligence with regard to the care, custody or control of real property in the *746 possession of the local agency, it clearly states that liability … Here, although the contractor was never identified, City and Commission employees established that an unknown independent contractor did construct the alleged defective garden.

Terracciona v. Magee

53 N.J. Super. 557 · New Jersey Superior Court Appellate Division · Jan 19, 1959

The general rule in civil cases is that change of established law by judicial decision is retrospective. Fox v. … It applies to holdover tenancies that may arise after the effective date of the statute and not those that had theretofore been established.

Mastandrea v. Chicago Park District

259 Ill. App. 3d 897 · Appellate Court of Illinois · Apr 15, 1994

The Tort Immunity Act, as it existed at the time of plaintiff’s accident in 1984, clearly provided that by obtaining insurance, a local public entity waived immunities otherwise available to it. (Ill. Rev. … Through Smith’s testimony, plaintiff sought to establish the profits plaintiff lost from real estate development activities for the two years following his accident.

Courville v. City of Lake Charles

720 So. 2d 789 · Louisiana Court of Appeal · Oct 28, 1998

It is only then that this court should address the issue of qualified immunity. See id. As we appreciate his argument, Mr. … Courville regarding qualified immunity are moot, and we will not address those issues.

Bourassa v. Busch Entertainment Corp.

929 So. 2d 552 · District Court of Appeal of Florida · Apr 7, 2006

Thus, an employer's knowledge of the risks of dangerous activities and its failure to make the conditions "more safe" is not sufficient to establish an exception to workers' compensation immunity in the absence of some evidence … Yet, if this case does not present a jury question as to whether the employer's conduct was substantially certain to cause injury or death, then no case would seem to qualify.

State ex rel. Missouri Highway & Transportation Commission v. Anderson

759 S.W.2d 102 · Missouri Court of Appeals · Oct 26, 1988

Anderson, 735 S.W.2d 350 (Mo. banc 1987) establishes that the holdings in Jensen, Kalivas and Dalton clearly survived the adoption of Rule 56.01 in 1975. The Commission also relies upon State ex rel. … ‘Work product’ is a qualified immunity under Rule 56.01(b)(3), which denies materials prepared in anticipation of litigation or trial except upon a showing of substantial need that a party is unable without undue hardship

MM&A PRODUCTIONS, LLC v. YAVAPAI-APACHE NATION

234 Ariz. 60 · Court of Appeals of Arizona · Jan 16, 2014

MM&A does not dispute that each defendant in this action, as a tribal entity or economic enterprise, is “clearly entitled to the protection of sovereign immunity.” … But it argues it should be able to “use . . . the doctrine of apparent authority to establish that the waiver of sovereign immunity [in this case] was binding against the Nation.

Moore v. Wayman

85 Wash. App. 710 · Court of Appeals of Washington · Apr 11, 1997

This state abolished sovereign immunity in 1967. RCW 4.96.010. 2 The public duty doctrine is not another form of sovereign *717 immunity. J & B Dev. Co. v. King County, 100 Wn.2d 299, 303-306 , 699 P.2d 468 (1983). … The buyers rebut the inspectors’ assertions with the testimony of experts that any qualified inspector should have known that these defects had not been corrected.

Frank v. Southeastern Pennsylvania Transportation Authority

96 Pa. Commw. 221 · Commonwealth Court of Pennsylvania · Apr 2, 1986

. *224 The appellant contends here that the facts alleged place this action within the “real property exception” established by Section 8542(b) (3) of the Judicial Code, which pertinently provides: (b) Acts which may impose … Such language clearly evinces the legislative intent to prevent trespassers from availing themselves of the advantage otherwise created by the real property immunity exception.

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.

Lienard v. DeWitt

143 So. 2d 42 · District Court of Appeal of Florida · Jun 29, 1962

Benson, Fla.App.1962, 136 So.2d 353 : “ * * * It appears to be established that witnesses and suitors in attendance in court outside of the territorial jurisdiction of their residence are immune from service of process while … DeWitt individually, the correlation is clearly insufficient to invoke the exception. The defendant, therefore, was correctly held to be within the general rule of immunity from service of process. Affirmed. SHANNON, C.

Darren B. Swain v. Corporal Jason Hutson, Officer Dora Dewall, Sergeant Daniel Henning, Court Clerk Norma Williams, Judge Stewart Milner, Judge Rosalia Maddock, and Does 1-5

Texas Court of Appeals, 2nd District (Fort Worth) · Oct 8, 2009

, in the titles of his first two issues, he asserts a A deprivation of his civil and Constitutional rights under color of law [under section 1983]. @ And in his prayer, he asks us to remand this case A with instructions establish … and Levitra helps patients with erectile dysfunction. [3] It is unclear from reading appellant = s petition what the police thought appellant was attempting to buy or sell. [4] Appellant also discusses issues related to qualified

City of St. Joseph v. Dewayne A. Leer

474 S.W.3d 196 · Missouri Court of Appeals · Nov 3, 2015

He argues the 3 dictionary defines "billiard parlor" as "a room in which billiards is played" and that, because billiards is played in his establishment, Uncle D's qualifies … The definitions and exemptions contained in the 1993 Article are simply 7 The definition of what qualifies as a bar is more limited in the 1993 Article than in the 2014 Article in that it was limited to establishments

Williams v. Syed

782 A.2d 1090 · Commonwealth Court of Pennsylvania · Aug 23, 2001

The trial court denied the defendants’ post trial motion for summary judgment on the issue of sovereign immunity, but granted the defendants’ post trial motion for judgment n.o.v., holding that the inmate failed to establish … While the Wareham court agreed that a prison is similar to a detention center, they noted that the function of the prison infirmary clearly is to deliver medical care to the inmates and is therefore distinguishable from the

Victor Bernard Williams, M.D. v. Baptist Health D/B/A/ Baptist Health Medical Center

2019 Ark. App. 482 · Court of Appeals of Arkansas · Oct 23, 2019

treatment or discriminatory intent, moreover, could have rebutted the Baptist Health appellees’ claims of statutory immunity, which are qualified by the absence of malice, see Ark. … erroneous or clearly against a preponderance of the evidence.

Crabtree v. Cook

196 Ohio App. 3d 546 · Ohio Court of Appeals · Nov 1, 2011

The first tier is the general rule that a political subdivision is immune from liability incurred in performing either a governmental function or proprietary function. However, that immunity is not absolute. … Nothing in these discussions precludes the conclusion that some conditions may fit the definition of both an obstruction and a nuisance; in fact, most obstructions are nuisances on some level, even if not all nuisances may qualify

McLaughlin v. Oxley

297 P.3d 1007 · Colorado Court of Appeals · Jul 5, 2012

We review de novo whether the court should have entered summary judgment as to such statutory immunity. 8 Summary judgment is appropriate only if the pleadings, affidavits, depositions, or admissions in the record establish … .2d at 500 (where the plain language of the statute is clear and unambiguous, "the statute should be construed as written, giving full effect to the words chosen, as it is presumed that the General Assembly meant what it clearly

In the Interest of M.J.S.

2006 Pa. Super. 154 · Superior Court of Pennsylvania · Jun 26, 2006

in order to so qualify Madison. … Clearly, the reasoning of S.A.J. applies.

Acres v. Marston

California Court of Appeal · Dec 10, 2021

Fitzsimmons (1993) 509 U.S. 259, 268 [“Most public officials are entitled only to qualified immunity.”].) … Respondents never clearly explain why Ramsey is entitled to judicial immunity, other than to note that she is an associate judge of the tribal court.