Case law

Stromberg-Carlson v. Jackson

11 Fla. L. Weekly 697 · District Court of Appeal of Florida · Mar 20, 1986

At trial the proofs established that the accident was caused by the highly slick and smooth surface of the roadway which caused the motor vehicle, in which Jackson was a passenger, to skid and strike the rear of another vehicle … The record clearly reflects this accident occurred within the course of Jackson’s employment under the “special hazard” exception to the “coming and going rule.” Naranja Rock Co. v. Dawal Farms, 74 So.2d 282 (Fla.1954).

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.”

City of Baytown v. Fabio Fernandes

Texas Court of Appeals, 1st District (Houston) · Aug 3, 2023

City’s Jurisdictional Plea The City filed a plea to the jurisdiction contending Fernandes must plead and prove gross negligence to establish a waiver of its governmental immunity, and alleging the evidence refutes … To establish a waiver of immunity under the Recreational Use Statute, ordinary negligence is insufficient; instead, a plaintiff must establish the governmental unit “has been grossly negligent or has acted with malicious

Pacific Gas & Electric Co. v. Superior Court of San Mateo County

10 Cal. App. 5th 563 · California Court of Appeal · Apr 5, 2017

There is no dispute that PG&E’s license under its utility tariff constitutes an “interest” in San Mateo County Memorial Park that qualifies for protection under this paragraph. … The statute “clearly” applies to “private owners of easements and of revocable licenses.” (Hubbard, supra, 50 Cal.3d at p. 197.)

Syzygy Construction, LLC v. McKey

2014 La.App. 4 Cir. 745 · Louisiana Court of Appeal · Dec 10, 2014

Clearly, McKey presents nothing to dispute the fact that Mason had experience with SIP construction and that Syzygy was licensed to construct her home. … When the LLC statutes were enacted, “professional” had a clearly defined technical meaning within the law of business entities. See James S. Holliday, Jr., & H.

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).

Ware v. State

118 Conn. App. 65 · Connecticut Appellate Court · Nov 24, 2009

In making the determination whether a statute waives sovereign immunity, our Supreme Court has recognized “the well established principle that statutes in derogation of sovereign immunity should be strictly construed. *75 … We repeat the well established principle that “statutes in derogation of sovereign immunity should be strictly construed. . . .

Bentler v. Commonwealth

143 Ky. 503 · Court of Appeals of Kentucky · May 5, 1911

Appellant was interested in the *506 poker room, or gaming establishment at 23 Pike street, Covington, and was in fact, with Tomlin and perhaps others, operating for a profit or commission the gaming establishment there conducted … In deciding the case, the Supreme Court said: “We are clearly of the opinion that no statute which leaves the party subject to prosecution after he answers the criminating question put to him, can have the effect of supplanting

Lathrop v. Healthcare Partners Medical Group

8 Cal. Rptr. 3d 668 · California Court of Appeal · Feb 11, 2004

A clinic is defined by the Health and Safety Code as an establishment providing direct outpatient health services. (Health & Saf. Code, § 1200.) … Since the State was immune from suit for its employees’ negligence, it could not be held vicariously liable for the doctors’ malpractice. (Id. at pp. 1115, 1116.)

Spurrell v. Block

40 Wash. App. 854 · Court of Appeals of Washington · Jun 10, 1985

State, 103 Wn.2d 144 , 690 P.2d 1163 (1984), the Supreme Court recognized that police officers have a qualified immunity from false imprisonment claims arising out of everyday operational acts. … We do not suggest, however, that the failure to observe the statute in this case automatically establishes liability; failure to establish immunity does not prove the elements of a claim.

Stone v. Police Department of Keyport

191 N.J. Super. 554 · New Jersey Superior Court Appellate Division · Nov 3, 1983

Plaintiff made the statement in a criminal proceeding to establish a factual basis for his guilty plea to an assault charge arising out of this incident. … We have carefully considered plaintiff’s remaining points and find that they are clearly without merit. R. 2:ll-3(e)(l)(E). Affirmed.

Fulton v. Pontiac General Hospital

160 Mich. App. 728 · Michigan Court of Appeals · Jun 15, 1987

The Court: Did you file any kind of affidavit or document to establish that were [sic] was an implied contract? Ms. Weisberg: I don’t believe there have been any affidavits filed at this time. … Indeed, under that subrule, plaintiff’s allegations are accepted as true, as are any conclusions that may reasonably be drawn therefrom, and the motion must be denied unless the claim is so clearly unenforceable as a matter

Giant Food Stores, LLC v. Penn Township

167 A.3d 252 · Commonwealth Court of Pennsylvania · Jul 18, 2017

Unlike the majority, I do not see how Penn Township’s decision to deny the intermunicipal transfer in this matter “affect[ed]” a personal or property right, privilege, immunity, duty, liability, or obligation of Giant. … This qualified right, grounded in the source statute, was one that this Court was bound to protect zealously, as a check and balance on executive branch action. See Bray v. McKees-port Hous. Autk, 114 A.3d 442 (Pa.

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

Christian v. Dept. of Transportation, 08ap-651 (3-31-2009)

2009 Ohio 1544 · Ohio Court of Appeals · Mar 31, 2009

It nonetheless concluded ODOT's subsequent "time and manner" decisions implementing the policy are themselves not entitled to immunity. … Lightle testified the Plattsburg Road bridge was "clearly in a rural area" because it neither fell within the corporate limits of any municipality or village nor displayed any urban characteristics such as land development

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.

Shaddox v. Bertani

2 Cal. Rptr. 3d 808 · California Court of Appeal · Jul 30, 2003

That a person’s unfitness for law enforcement *1417 can clearly be found in off-duty behavior has become an established incident of public employment. (E.g., Cranston v. … Superior Court (1990) 223 Cal.App.3d 1476 [ 73 Cal.Rptr. 1476 ] held that a knowingly false report to police was entitled to only a qualified privilege.

City of Seagoville v. Lytle

227 S.W.3d 401 · Texas Court of Appeals, 5th District (Dallas) · Jun 13, 2007

To obtain summary judgment on the basis of official immunity, a government employee must conclusively establish each element of the defense and establish entitlement to judgment as a matter of law. … We conclude Bustos conclusively established each element of the affirmative defense of official immunity, establishing her entitlement to judgment as a matter of law.

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.