Case law

Dagen v. Village of Baldwin

159 Mich. App. 620 · Michigan Court of Appeals · Apr 22, 1987

A governmental agency does not have immunity from actions arising out of contracts to which it is a party: In Ross , the Supreme Court held that "[i]f a plaintiff successfully pleads and establishes a non-tort cause of action … , [MCL 691.1507; MSA 3.996(107)] will not bar recovery simply because the underlying facts could have also established a *628 tort cause of action.”

Phillip David Haskett v. Texas Commission on Environmental Quality

Texas Court of Appeals, 1st District (Houston) · Mar 31, 2026

and Haskett could not establish that immunity had been waived under the TTCA. … establish that immunity 11 See TEX.

Azar v. Ferrari

898 A.2d 55 · Commonwealth Court of Pennsylvania · May 3, 2006

Moreover, summary judgment is only appropriate when, after examining the record in the light most favorable to the non-moving party, there is no genuine issue of material fact, and the moving party clearly establishes that … Azar alleges that the affidavit of Defendant Ferrari may not be used to establish the defense of high public official immunity, citing Nanty-Glo Boro. v. American Surety Co., 309 Pa. 236 , 163 A. 523 (1932).

Department of Transportation v. Price

208 Ga. App. 320 · Court of Appeals of Georgia · Mar 8, 1993

deposition and discovery on such question to supplement the record therewith during the pendency of this appeal in this court and while the trial court was without jurisdiction to proceed in such manner, as is very well established … But clearly the county was not liable in Christian (and thus DOT was not liable on the county’s behalf), not because the county did not build that road, but because the county had purchased no liability insurance and thus

Kenneson v. Eggert

196 Conn. App. 773 · Connecticut Appellate Court · Mar 31, 2020

We begin with the well established standard of review for reviewing a trial court’s decision on a motion to dismiss. … In making that determination, the court must decide as a matter of law whether the . . . statements are sufficiently relevant to the issues involved in a pro- posed or ongoing judicial proceeding, so as to qualify for the

Weeks v. Harris County Hospital District

785 S.W.2d 169 · Court of Appeals of Texas · Jan 18, 1990

In all of these cases the state agency provided equipment that failed to provide for the established needs of the individual; the materials were therefore defectively incomplete for their intended use. … Unlike the instant case, however, in Salcedo there was clearly a misuse of property as the attending physician failed to correctly read and interpret the electrocardiogram graphs. Id. at 33 .

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.

Hendrickson v. Haven Place, Inc.

2014 Ohio 3726 · Ohio Court of Appeals · Aug 28, 2014

. {¶16} First, there is no dispute that the County is a political subdivision that qualifies for immunity under R.C. 2744.01(A). … and (12) the officers acted wantonly, recklessly, and with complete disregard for the foreseeable consequences of their actions. {¶29} The complaint, containing more facts than are probably required, established

Strand v. Nelson

380 N.W.2d 906 · Court of Appeals of Minnesota · Feb 11, 1986

To qualify for an award under this section, a party shall give timely notice of intent to claim an award. Minn.Stat. § 549.21 (1984). … We do not agree that presentation of a single valid claim immunizes a party from hazards of an award under section 549.21 for other frivolous or bad faith claims.

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

Grostick v. Ellsworth

158 Mich. App. 18 · Michigan Court of Appeals · Feb 18, 1987

malice to overcome the qualified privilege. … "Generally speaking, absolute privilege is confined to cases in which the public service or the administration of justice requires complete immunity from being called to account for language used.

Amanda Gilreath v. Chattanooga-Hamilton County Hospital Authority

Court of Appeals of Tennessee · Jun 15, 2016

establish their claims. … Nowhere does the act remove immunity for the acts of agents. Therefore, even if [Plaintiffs] raised an issue of fact that the doctors may have been [an] agent, Erlanger‟s immunity from suit remains.

Swenson v. Waseca Mutual Insurance Co.

653 N.W.2d 794 · Court of Appeals of Minnesota · Dec 10, 2002

But courts are not to give effect to the plain meaning of the statute if it produces absurd results or it is clearly at odds with the policy of the legislation as a whole. Id. … We conclude that Swenson’s circumstances easily qualify as an emergency scene.

In re Marriage of Murray

2014 IL App (2d) 121253 · Appellate Court of Illinois · Jul 29, 2014

App. 3d 78, 80 (1994), the Conservation District argues that the penalty prescribed by section 35 of the Withholding Act qualifies as “ ‘punitive or exemplary damages’ ” under section 2-102 of the Tort Immunity … App. 3d at 82-83. ¶ 50 Further, denying the Conservation District immunity from a penalty under section 35 of the Withholding Act would contravene the well-established policy of section 2-102 of the Tort

Taylor v. TOWN OF GARNER

204 N.C. App. 300 · Court of Appeals of North Carolina · Jun 1, 2010

The Commission’s unchallenged findings of fact establish that the parties clearly intended for Officer Taylor to work the N.C. State football game pursuant to the Agreement. … Substantial Compliance The Commission’s unchallenged and binding findings of fact establish that the parties clearly intended for Officer Taylor to work as a mounted patrol officer with powers of arrest at N.C.

City of Houston, Texas v. Chelsea Manning, Individually and as Next Friend of T.N. Aaliyah Mitchell, and Cierra Williams

Texas Court of Appeals, 14th District (Houston) · Mar 7, 2024

Because official immunity is an affirmative defense, the burden rests on the City to establish all elements of the defense. See Gomez, 587 S.W.3d at 897. … Negligence per se In its fourth issue, the City argues that the TTCA does not clearly and unequivocally waive immunity for claims based upon negligence per se. 15  “

Amarillo 'Dillas Baseball Club, LLC v. Potter County, Texas

Texas Court of Appeals, 7th District (Amarillo) · Oct 11, 2012

According to the Dillas, this sentence clearly establishes permission to file suit. … This last part of the statute clearly implicates the presentment condition precedent contained in subparagraph (a).

BRITT v. JACKSON Et Al.

819 S.E.2d 677 · Court of Appeals of Georgia · Sep 27, 2018

Here, the record reflects that the pleadings and evidentiary record established at the hearing included the dash cam video footage. … In contrast, the facts in Davis are clearly distinguishable from the facts here. In Davis, there was no evidence that any policy permitted the state trooper’s actions.

City of Houston v. Petroleum Traders Corp.

261 S.W.3d 350 · Texas Court of Appeals, 14th District (Houston) · Jul 24, 2008

The Texas Supreme Court clearly stated that “lost profits ... are consequential damages excluded from recovery” under section 271.153. … Therefore, section 271.159 establishes no waiver of immunity from suit unless that section applies retroactively.

Graphic Arts Mutual Insurance v. Time Travel International, Inc.

23 Cal. Rptr. 3d 864 · California Court of Appeal · Feb 2, 2005

Appellant Qualifies as an “Employer” Division 4 of the Labor Code (§§ 3200-6099) is entitled Workers’ Compensation and Insurance. … Appellant contends that it qualifies as an employer pursuant to section 3850, subdivision (b).