Case law

Lambert v. State

912 So. 2d 426 · Louisiana Court of Appeal · Sep 30, 2005

Immunity Under the Recreational Use Statutes In determining whether a defendant is afforded immunity under the recreational use statutes, the Louisiana Supreme Court has established a three prong test. … It is an established principle that legislative grants of such rights, powers, privileges, immunities or benefits as against the general public, as distinguished from a right against some other party, should be construed

Farber v. Bobear

2010 La.App. 4 Cir. 0985 · Louisiana Court of Appeal · Jan 19, 2011

Arceneaux argued that, as an employee of the LSBME, she is immune from liability for defamation under La.Rev.Stat. § 37:1287(A). We agree with Ms. … However, plaintiff was clearly reprimanded for “clinical mismanagement” and “inappropriate prescriptions of Lincocin.”

Chaplis v. County of Monterey

97 Cal. App. 3d 249 · California Court of Appeal · Aug 28, 1979

The record is clearly supportive of the agency. … There was no testimony by a qualified expert on building practices as to what a reasonable builder would have done about the site.

Taylor v. Lenawee County Board of County Road Commissioners

216 Mich. App. 435 · Michigan Court of Appeals · Jun 11, 1996

The narrowly drawn highway exception to governmental immunity contained in MCL 691.1402; MSA 3.996(102) must be strictly construed, and no action may be maintained under the exception unless it clearly falls within the scope … We find no such duty or exception to governmental immunity.

Zeigler v. Housing Authority of New Orleans

2012 La.App. 4 Cir. 1168 · Louisiana Court of Appeal · Apr 24, 2013

MFR’s Federal Official Immunity Claim Next, we will address MFR’s claim of federal official immunity. … It acknowledged that the [federal immunity argument] was “too attenuated to establish federal jurisdiction.”

State v. Enslin

42 N.C. App. 565 · Court of Appeals of North Carolina · Aug 15, 1979

Defendant also attacks the ordinance on equal protection grounds asserting that the ordinance improperly granted immunity to businesses similarly situated. … The ordinance specifically exempts from the licensing requirements a “regularly established and licensed hospital, sanitarium, nursing home or medical clinic” or an “office or clinic operated by a duly qualified and licensed

The City of Mesquite, Texas v. Anthony Wagner

Texas Court of Appeals, 5th District (Dallas) · May 12, 2023

Wagner contended that merely assisting in a foot pursuit of suspects not even known to be armed does not qualify for the emergency exception, averring that Crawford’s affidavit establishes that he acted with “conscious … To establish recklessness in this context, the employee must have committed an act that he knew or should have known posed a high degree of risk of serious injury. Id.; Green v. Alford, 274 S.W.3d 5, 22–23 (Tex. App.

Stratman v. Brent

Appellate Court of Illinois · Aug 6, 1997

The defendant's argument that he has a duty to the general public to reasonably insure that only qualified applicants become law enforcement officers is also not persuasive. … In the case at bar, the defendant's statements were clearly meant to be a comment on the plaintiff's ability to perform in future positions.

KIRCHNER, JASON v. COUNTY OF NIAGARA

Appellate Division of the Supreme Court of the State of New York · Jun 28, 2013

We also reject the contention of the County of Niagara and Caldwell that they were entitled to qualified immunity. … Here, plaintiff alleged that Caldwell’s actions were made in bad faith, thus precluding application of the defense of qualified immunity at this stage of the litigation (cf. Arzeno v Mack, 39 AD3d 341, 342).

Jensen Ex Rel. Estate of Clark v. South Carolina Department of Social Services

297 S.C. 323 · Court of Appeals of South Carolina · Dec 28, 1987

Finally, the court found the defendants were entitled to official immunity. I. … Such children comprise a clearly identifiable class; Michael Clark was plainly a person within the class.

Childs v. Allen

105 P.3d 411 · Court of Appeals of Washington · Jan 11, 2005

Thus, the qualified immunity afforded to DSHS caseworkers does not affect the nature of the immunity granted to a substance abuse evaluator such as Allen. Allen relies on Gustafson v. … Here, there was no reasonable possibility of reversal because Allen was clearly entitled to absolute witness immunity and was not the proximate cause of Childs injuries.

Franco v. Miami-Dade County

947 So. 2d 512 · District Court of Appeal of Florida · Dec 20, 2006

Zapata, 601 So.2d 239, 243-44 (Fla. 3d DCA 1992) (finding that county lifeguard training video served as evidence relevant to the standard of care but did not itself establish a legal duty). … Clearly, the Fire Rescue creates a "zone of risk" accompanied by a corresponding duty, when it diagnoses, treats, and transports patients in an emergency situation.

Monroe v. Troy Strawberry Festival, Inc.

210 N.E.3d 9 · Ohio Court of Appeals · Mar 3, 2023

Id. at ¶ 9. {¶ 10} The parties and the trial court acknowledge that Troy is immune from liability unless the Monroes can establish an exception to Troy’s statutory immunity. … The function of maintaining or repairing a sidewalk or street is clearly defined by statute as a governmental function. R.C. 2744.01(C)(2)(e).

Walker v. State Farm Mut. Auto. Ins. Co.

765 So. 2d 1224 · Louisiana Court of Appeal · Aug 25, 2000

The parent-child immunity Statute was enacted in 1960 as a revision of the similar immunity provided by former Article 104 of the Code of Practice of 1870. … Stated from the viewpoint of the parent, it is a privilege, but only a qualified one."

Maciorowski v. Schwarzenbach

2010 Mass. App. Div. 257 · Massachusetts District Court, Appellate Division · Dec 3, 2010

Once the moving party establishes the absence of a triable issue, the party opposing the motion must respond with evidence establishing the existence of a genuine issue of material fact. Pederson v. … The individual public employee is immune from personal liability.

Hawkins v. El Paso First Health Plans, Inc.

214 S.W.3d 709 · Texas Court of Appeals, 3rd District (Austin) · Jan 11, 2007

Rather, it is qualified by the requirement that a state opting to participate in Medicaid must fully comply with the federal statutes and regulations governing the program. See Schweiker v. … To qualify for federal assistance, a state must submit and have approved a "plan for medical assistance,” which must establish a scheme for reimbursing health care providers for medical services provided to Medicaid recipients

Mann v. McCullough

174 Or. App. 599 · Court of Appeals of Oregon · Jun 20, 2001

for immunity under ORS 30.265(3)(c). … “The burden is on the state to establish its immunity. In some instances, the nature of the function alone is sufficient to establish immunity.

Kirschbaum v. Village of Homer Glen

365 Ill. App. 3d 486 · Appellate Court of Illinois · May 11, 2006

The reviewing court must determine whether the allegations of plaintiffs complaint, when construed in the light most favorable to plaintiff, are sufficient to establish a cause of action upon which relief may be granted. … CONCLUSION Because we find that section 3 — 102 of the Tort Immunity Act does not create a duty for defendants to clear brush from an intersection where there are clearly visible traffic control devices at each corner and

Berger v. City of Berkley

87 Mich. App. 361 · Michigan Court of Appeals · Dec 5, 1978

, 79 Mich App 239, 246 ; 261 NW2d 273 (1977), an opinion released subsequent to oral argument in the instant case: " * * * [W]e would have little hesitation in finding that the training of police officers, including the establishment … However, the statute clearly required *371 that the injury result from the operation of the vehicle. In the instant case the injury resulted from the discharge of a firearm.

Dekalb County School District v. Elaine Gold

Court of Appeals of Georgia · Nov 20, 2012

superintendent9 enjoy sovereign immunity.10 Indeed, it is well established that the sovereign can not 6 Bonner v. … Employees’ Retirement System of Georgia44 that the Employees’ Retirement System was estopped from denying benefits as they were established prior to Judge Quillian’s retirement.45 The result in Quillian is qualified as