Case law

Robinson v. Omark Industries, Inc.

46 Or. App. 263 · Court of Appeals of Oregon · May 27, 1980

Defendant alleged that workers’ compensation was plaintiff’s sole remedy and that it was therefore immune from tort liability. … That does not establish that either was plaintiff’s only employer; it establishes that both were plaintiff’s employers.

Henry v. Barfield

186 Ga. App. 423 · Court of Appeals of Georgia · Mar 17, 1988

But clearly the occurrence of an emergency will not invoke the immunity, if it was the doctor’s duty to respond to the emergency.” (Citations and indentions omitted.) Clayton v. Kelly, 183 Ga. … It is clear that defendant Henry’s affidavit addresses most of the issues necessary to establish his “Good Samaritan” defense.

University of Texas at El Paso v. Herrera

281 S.W.3d 575 · Texas Court of Appeals, 8th District (El Paso) · Nov 25, 2008

On January 27, 2007, Herrera’s employment was terminated for failure to cooperate with his supervisor, refusal to follow instructions, failure to adhere to established rules and regulations, and disorderly and disruptive … Sovereign Immunity The Eleventh Amendment to the U.S.

Florida Department of Health, Office of Medical Marijuana Use, Courtney Coppola, in her official capacity as Director of the Office of Medical Marijuana Use v. Florigrown, LLC, a Florida limited liability company and Voice of Freedom, Inc., d/b/a Florigrown

District Court of Appeal of Florida · Aug 27, 2019

Redner) with immunity from criminal or civil liability under Florida law for the “medical use of marijuana” that is “in compliance” with the amendment (emphasis added). … Does not immunize violations of federal law or any non- medical use, possession or production of marijuana. Id. at 476.

E.I. v. El Segundo Unified School Dist.

California Court of Appeal · Jun 13, 2025

The court explained that while a deputy public defender’s decision to represent a particular client may qualify as an immune “discretionary” act, “once the employee undertakes to render such services, he or she is not immune … The District cites no authority that such conduct qualifies as “quasi-legislative policy-making” entitled to immunity under Government Code section 820.2.

Rabon v. Inn of Lake City, Inc.

693 So. 2d 1126 · District Court of Appeal of Florida · May 22, 1997

Clearly, the legislature could have granted a broader statutory employer immunity by creating statutory employer status in any circumstance in which a business engages a subcontractor to perform a part of the business' regular … Thus, the facts in Antinarelli clearly demonstrated the existence of a contractual obligation between the hotel and its patrons which was sublet to the restaurant.

Stewart v. District Attorney for the Eighteenth Circuit Court District for the State of Mississippi

923 So. 2d 1017 · Court of Appeals of Mississippi · Aug 23, 2005

First, in determining whether a defendant is entitled to qualified immunity as a matter of law, it must first be ascertained “whether an official’s conduct deprived a ... plaintiff of a ‘clearly established’ constitutional … Therefore, the defense of qualified immunity is applicable and the district attorney’s office has incurred no liability to Stewart. ¶ 41.

Gray v. Chrostowski

298 Mich. App. 769 · Michigan Court of Appeals · Dec 6, 2012

This language clearly limits the scope of subsection (2) to threshold claims arising under subsection (1). … As noted by our Supreme Court: “The Legislature, in speaking so clearly in § 3135(3), made unmistakable its intent to define where immunity was lost.

City of Tarpon Springs v. Garrigan

12 Fla. L. Weekly 2017 · District Court of Appeal of Florida · Aug 12, 1987

The trial court found that appellant's sovereign immunity had been waived by the enactment of section 768.28, Florida Statutes (1983). … Nothing prevented appellees from looking to the federal agencies who were directly responsible for establishing the information appellees sought from appellant. Trianon Park Condominium Association, Inc. v.

Inman v. City of Katy

900 S.W.2d 871 · Texas Court of Appeals, 13th District · May 18, 1995

His conversation with the members of the constable’s office was clearly within the context of the investigation. The investigation was a police matter and thus a governmental function for which immunity applies. … Since the evidence established that the statements made by Johnson were true, summary judgment in favor of the City of Katy was proper. The judgment of the trial court is AFFIRMED. 1 .

Koh v. Village Greens of Woodridge

158 Ill. App. 3d 226 · Appellate Court of Illinois · Jul 23, 1987

Failed to establish procedures to keep participants in a safe area during tournament play; c. … App. 3d 784, 787 , 391 N.E.2d 451 ), and a complaint should not be dismissed for failure to state a cause of action unless it clearly appears that no set of facts could be proved under the pleadings which would entitle the

Eric McGowen and Vision Logistics, Inc. v. Bradley Montes

Indiana Court of Appeals · Aug 6, 2020

The General Assembly clearly knew how to specify medical care, including specific medical treatments, in the GSL. … ” [27] Next, Montes argues the scene of the vehicle collision did not qualify as an “objective emergency.” Appellee/Cross-Appellant’s Br. p. 13.

State Ex Rel. Suthers v. Cash Advance & Preferred Cash Loans

205 P.3d 389 · Colorado Court of Appeals · Jul 10, 2008

“[A] sue or be sued clause will only accomplish a waiver when the clause clearly expresses an intent to waive immunity,” not where conditions placed on the waiver are left unmet. Sanchez v. … The Attorney General must also establish, by a preponderance of the evidence, that the individuals for whom the trial court issued arrest warrants are not entitled to immunity.

Michael Wilson, Individually and in His Official Capacity as Firefighter v. Wesley England

Court of Appeals of Kentucky · Jul 11, 2024

established rights. … Therefore, Wilson is entitled to qualified official immunity.

Peter J. Paske, Jr. v. Joel Fitzgerald, Individually and in His Official Capacity as Chief of Police of City of Missouri City, and the City of Missouri City, Texas

499 S.W.3d 465 · Court of Appeals of Texas · Jun 23, 2016

However, governmental immunity will bar an otherwise proper declaratory- judgment claim that will have the ultimate effect of establishing a right to relief against a governmental entity for which the Legislature has not … waived immunity.

Bowden v. Southern Risk Services, Inc.

574 So. 2d 813 · Court of Civil Appeals of Alabama · Jul 11, 1990

It is well established that ASD is clothed with sovereign immunity. Art. 1, § 14, Const. of Ala. 1901. ASD is merely authorized to provide insurance under § 33-1-25 , Ala. … Code 1975, but it is not required to do so, and the statute clearly contemplates limited coverage. Jones, supra.

King v. Brenham Automobile Co.

145 S.W. 278 · Court of Appeals of Texas · Feb 21, 1912

The charge is open to the attack made upon it; for the court, after disjunctively stating the circumstances under which appellant should recover, qualifies each one by stating, “if you do not find from the evidence that plaintiff … The charge was clearly erroneous.

Canario's, Inc. v. City of Austin

Texas Court of Appeals, 3rd District (Austin) · Aug 28, 2015

101 “not later than six months after the day that the incident giving rise to the claim occurred”). 3 The standards applied when reviewing a trial court’s decision on a plea to the jurisdiction are well established … It also argues that any function performed by its Planning and Development Review Department “qualified as a ‘planning’ function, protected by immunity.”5 We disagree.

Village of Rayland v. Jenkins

118 N.E.3d 1121 · Ohio Court of Appeals · Aug 27, 2018

Appellant concedes that its employees towed Appellees’ car in order to access the shut-off valve, mistakenly citing the Bibbo affidavit, which contains no averment regarding the towing of Appellees’ car. {¶8} Appellees clearly … The Act established statutory tort immunity in specific cases in which political subdivisions, including cities and townships, may otherwise be sued in negligence. Haynes v.

Lyons v. City of Aurora

1999 Colo. J. C.A.R. 1836 · Colorado Court of Appeals · Apr 1, 1999

The trial court’s resolution of any disputed facts with regard to its jurisdiction under the GIA is reviewed under a clearly erroneous standard. See Trinity Broadcasting of Denver, Inc. v. … No evidence established that the signal for the cross traffic was green at the same time the pedestrian signal indicated that it was permissible for plaintiff to cross the intersection.