Case law

Sedlacek v. A.O. Smith Corp.

2010 Pa. Super. 25 · Superior Court of Pennsylvania · Feb 25, 2010

. ¶ 5 Additionally, both the WCA and ODA contain provisions purporting to establish the compensation schemes established in the WCA and ODA as “exclusive” remedies for an employee, as against his employer, for a work-related … In support of this position, ALCOA points out that the cases cited by appellants involve occupational diseases that are clearly not covered under the Acts. ¶ 13 ALCOA’s position is well taken.

JOAO DEPINA v. WORCESTER COUNTY DISTRICT ATTORNEY'S OFFICE & Others.

Massachusetts Appeals Court · Jan 31, 2025

A judge allowed the defendants' motions to dismiss each of these claims based on absolute and qualified immunity. … Thus, Rollins was entitled to absolute prosecutorial immunity and the claims against her were properly dismissed. 3. Williams's qualified immunity.

Wattley v. Rinaldi

2025 Ohio 5538 · Ohio Court of Appeals · Dec 11, 2025

.” {¶40} R.C. 2744.01(A) establishes governmental immunity for political subdivisions and their employees. … Once immunity is established under R.C. 2744.02(A)(1), the second tier involves determining whether there exists any exception to immunity pursuant to R.C. 2744.02(B). Id. at 557.

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.

People v. Onofrio

65 Cal. App. 2d 584 · California Court of Appeal · Aug 29, 1944

The court then continued: “There is no rule better established or more universally recognized by the courts than that where competent evidence is produced on a trial the courts will not stop to inquire or investigate the … Such study of the subject as was incidental to his work on the vice squad, together with his extensive experience, served to qualify him satisfactorily. (See People v.

Cooley v. Hosier

659 N.E.2d 1127 · Indiana Court of Appeals · Jan 10, 1996

Once the movant establishes that no genuine issue of material fact exists, the party opposing summary judgment must set forth specific facts indicating that there is a genuine issue in dispute. … Vaughan then observed that "the [Smith ] court does continue that under extreme circumstances the immunity may not exist, however, a failure to supervise, as in this case, would not be sufficient, in our opinion to qualify

Bailey v. Illinois Liquor Control Commission

405 Ill. App. 3d 550 · Appellate Court of Illinois · Nov 10, 2010

The court refused to find, as a matter of law, that the defendant’s establishment was a school as intended by section 24 — 24. … The church asserted that it was immune from liability under section 24 — 24 of the School Code, while the plaintiff argued that immunity under section 24 — 24 did not cover the operation of a day care facility operated by

Paul Martin Clark and Black Citizens for Justice, Law and Order, Inc. v. Gladys Elaine Blanton Jenkins

Texas Court of Appeals, 7th District (Amarillo) · Feb 22, 2008

Clearly, all communications to public officials are not absolutely privileged. Hurlbut , 749 S.W.2d at 768 . … Initial communications “to a public officer . . . who is authorized or privileged to take action” are subject to only a qualified privilege, not absolute immunity. Id.

Grenell v. City of Hermosa Beach

103 Cal. App. 3d 864 · California Court of Appeal · Mar 27, 1980

Code, § 810 et seq.) is that “except as otherwise provided by statute” a *872 public entity is not liable for tortious injuries, and that the liabilities established by the act are subject to the statutory immunities. … “(b) The liability of a public entity established by this part (commencing with Section 814) is subject to any immunity of the public entity provided by statute, including this part, and is subject to any defenses that would

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

Kusy v. Norwich

192 Conn. App. 171 · Connecticut Appellate Court · Aug 27, 2019

[Section] 52-557n abandons the common-law prin- ciple of municipal sovereign immunity and establishes the circumstances in which a municipality may be liable for damages. . . . … ‘‘[T]he question of whether a particular plaintiff comes within a cognizable class of foreseeable victims for purposes of this excep- tion to qualified immunity is ultimately a question of policy for the courts, in that it

Ernest v. Petroleum Service Corp.

2002 La.App. 1 Cir. 2482 · Louisiana Court of Appeal · Nov 19, 2003

The original bill was intended to clarify the judicially established standard for determining statutory employer/employee status by legislatively establishing guidelines for this determination. … Paragraph (3) clearly provides that the statutory employee relationship shall not exist unless there is a written contract.

Institute in Basic Life Principles, Inc. v. Watersmeet Township

217 Mich. App. 7 · Michigan Court of Appeals · Jul 29, 1996

Nonetheless, where the agency’s interpretation is clearly wrong, the longstanding interpretation of a statute by the agency that administers it does not control. Id. … The corporations referred to in this section as Sunday schools or special religious societies, shall have all the rights, privileges, immunities and powers granted by this act to non-profit corporations generally in their

Montgomery v. City of Montgomery

732 So. 2d 305 · Court of Civil Appeals of Alabama · Mar 26, 1999

Montgomery clearly understood who the officers were seeking when they first asked if Robert Montgomery lived there. Both out of courtesy to Mrs. … Code 1975, § 6-5-338 (b), clearly extends discretionary-function immunity to the City of Montgomery, Burch and Sellers's employer. III.

Gustafson v. State

854 P.2d 751 · Court of Appeals of Alaska · Jun 18, 1993

Our review of the record convinces us that Judge Johnstone’s sentencing decision *767 is not clearly mistaken. McClain v. State, 519 P.2d 811, 813-14 (Alaska 1974). … Rule 6(g) provides that indictments returned by that panel are nevertheless valid if a majority of the qualified grand jurors concurred in the indictment. 7 . At the sentencing hearing, Dr.

Aesthetic & Cosmetic Plastic Surgery Center, LLC v. Wisconsin Department of Transportation

356 Wis. 2d 197 · Court of Appeals of Wisconsin · Jul 15, 2014

On the other hand, a circuit court's findings of fact must be upheld on appeal unless they are "clearly erroneous." Wis. Stat. Rule 805.17(2). … The circuit court's finding that the Department initially agreed that it would approve a two-move relocation plan for Aesthetic is hardly "clearly erroneous" inasmuch as it is supported by the testimony of Dr.

Taras v. Wausau Ins. Companies

412 Pa. Super. 37 · Superior Court of Pennsylvania · Feb 6, 1992

PMA refused to pay any benefits despite its alleged knowledge that Kuney was clearly entitled to compensation. … Therefore, it might be established that any negligence on Eckels’ part, as Wausau’s agent, clearly could have contributed to causing Taras’ injuries.

in the Matter of the Guardianship of Edwin Wooley, an Alleged Incapacitated Person

Texas Court of Appeals, 2nd District (Fort Worth) · Jun 2, 2016

In general, state agencies are entitled to immunity from suit unless the State clearly consents. See Kerrville State Hosp. v. Fernandez, 28 S.W.3d 1, 3 (Tex. 2000). … I would hold that DADS did not establish that it was entitled to immunity from suit because the application for appointment of a permanent guardian was not a suit brought against it.

RENAISSANCE HEALTHCARE SYSTEMS, INC. v. Swan

343 S.W.3d 571 · Texas Court of Appeals, 9th District (Beaumont) · Jun 30, 2011

With respect to the report authored by Simpson, appellants argue that because Simpson’s involvement with hospital quality assurance committees ended in 1997, 5 the report does not establish that Simpson was qualified to offer … Simpson’s report and curriculum vitae clearly establish that Simpson is a physician, and appellants do not contend that Simpson does not qualify as an expert under the Texas Rules of Evidence; therefore, we reject appellants

Brown v. Genesee County Board of Commissioners

222 Mich. App. 363 · Michigan Court of Appeals · Jun 6, 1997

In light of the test currently applied to establish the public building exception and the impact of Ross on governmental immunity cases, we find that the decisions in Green *368 are not controlling here and that the trial … an exception to governmental immunity.