Case law

Fleming v. Ashtabula Area City School Bd., 2006-A-0030 (4-18-2008)

2008 Ohio 1892 · Ohio Court of Appeals · Apr 18, 2008

If the nonmoving party fails to do so, summary judgment, if appropriate shall be entered against the nonmoving party based on the principles that have been firmly established in Ohio for quite some time in Misteff v. … (Emphasis added.) {¶ 35} Next, we will address whether there is sufficient evidence in the record which, if believed, establishes that the alleged torts arose out of the employment relationship.

People v. Hollinquest

190 Cal. App. 4th 1534 · California Court of Appeal · Dec 20, 2010

Our inquiry proceeds from the established premise that neither the prosecution nor the trial court was obligated to confer immunity upon Buchanan at trial. … when the defense has made a showing that a defense witness should be afforded immunity in order to provide clearly exculpatory testimony.”

Bio-Medical Applications of North Carolina, Inc. v. North Carolina Department of Health & Human Services

179 N.C. App. 483 · Court of Appeals of North Carolina · Sep 19, 2006

At no time does BMA assert that it is — and clearly it is not — a person aggrieved by a final decision in a contested case, which is a prerequisite for this statute to apply. … This statute clearly is inapplicable as there has been no decision by the Department of Health and Human Services regarding the issuance, denial or withdrawal of a CON.

Romero v. State

112 N.M. 291 · New Mexico Court of Appeals · Jun 5, 1991

Ferraro was qualified to give an expert opinion on the cause of the accident. III. … Section 41-4-4(A) establishes governmental immunity from tort liability except as waived under the Act.

Johnson v. City of Philadelphia

93 Pa. Commw. 87 · Commonwealth Court of Pennsylvania · Nov 21, 1985

The petitioners contend that the facts alleged clearly place ¡them within one of the said exceptions which provides in pertinent part: *90 (b) Acts ¡which, may impose liability. — The following acts by a local agency or ¡ … (Attack at park, a city-owned and operated recreational facility did not establish a cause of action within real property exception.)

Damaschke v. City of Racine

150 Wis. 2d 279 · Court of Appeals of Wisconsin · Apr 26, 1989

First, we note the undisputed fact that the accumulation of snow which caused Damaschke's injuries was well within the three-week period of immunity. This aspect of the statute is clearly satisfied. … Case law has established that the accumulation of snow or ice must be natural and not one artificially created by the municipality in order for the three-week immunity of sec. 81.15, Stats., to apply. Kobelinski v.

Wright v. Lee County ex rel. Board of Supervisors

71 So. 3d 1246 · Court of Appeals of Mississippi · Oct 11, 2011

Since Mississippi case law clearly establishes that road maintenance is a discretionary function, we therefore find that the *1250 circuit court properly granted Lee County’s motion for a directed verdict based on the discretionary … the supreme court, where any of the immunities enumerated in section 11-49-9(1) apply, the government is completely immune from the claims arising from the act or omission complained of.” ¶ 18.

Harris v. Seneca Promotions, Inc.

149 A.D.3d 1508 · Appellate Division of the Supreme Court of the State of New York · Apr 28, 2017

NWSC appeals from an order that denied its motion for a protective order and directed respondent to comply fully with the subpoena by producing the documents specified by petitioner and a witness qualified to testify on all … Finally, NWSC did not request a hearing on the issue whether sovereign immunity bars enforcement of the subpoena, and thus failed to preserve for our review its present contention that the matter should be remitted for that

the University of Texas at Austin v. Dijaira B. Smith

Texas Court of Appeals, 3rd District (Austin) · Nov 25, 2015

Thus, to qualify for the Act’s waiver of immunity, Smith must have pleaded facts which, if true, establish a violation of section 554.002. … University remains immune from this suit.

Cornelius v. Roberts

71 A.3d 345 · Commonwealth Court of Pennsylvania · Jun 5, 2013

This result is consistent with Crowell and Powell, which establish that' a governmental party is not immune from liability when its negligence, along with a third party’s ■negligence, causes harm. 549 Pa. at 52 , 700 A.2d … with the physical operation of a vehicle beyond ‘actual driving that will implicate the vehicle liability exception, the Commonwealth Court correctly concluded that the form of negligence alleged by the- Regesters does not qualify

Making Ends Meet, Inc. v. Cusick

719 So. 2d 926 · District Court of Appeal of Florida · Sep 2, 1998

However, [t]he right of a lessor to disapprove of prospective assignees of a lease does not render the lessor immune from an action for tortious interference with the business *928 of the lessee where it can be shown that … The qualified privilege established in Genet "carries with it the obligation to employ means that are not improper. In other words, the privilege does not encompass the purposeful causing of a breach of contract."

Foxworthy v. Puyallup Tribe of Indians Ass'n

169 P.3d 53 · Court of Appeals of Washington · Oct 30, 2007

Thus, if Foxworthy is to sustain her cause of action, she must establish that Congress has impliedly abrogated tribal sovereign immunity. 3. … tribal casino instead of in a non-Indian establishment off the reservation.

Oliver v. MAGNOLIA CLINIC

9 La.App. 3 Cir. 439 · Louisiana Court of Appeal · Aug 31, 2011

Additionally, in some cases, “a Plaintiffs right to recover damages at all is barred by legislative grants of immunity from suit.” See La. R.S. 9:2795. … This burden, as was clearly set forth in Sibley, rests with the State.

Travis Central Appraisal District v. Norman

274 S.W.3d 902 · Texas Court of Appeals, 3rd District (Austin) · Dec 19, 2008

TCAD’s policy handbook provides, in relevant part, that “[a]n employee who has a complaint concerning disciplinary probation, suspension, termination, demotion, or denial of a promotion of a qualified employee ... shall have … under chapter 451 and a whistleblower claim under chapter 554, the fact that immunity is clearly waived under the whistleblower statute suggests that immunity is also waived under chapter 451.

Burroughs v. APS International, Ltd.

93 S.W.3d 155 · Texas Court of Appeals, 14th District (Houston) · Aug 1, 2002

immunity. … Therefore, appellants do not qualify as consumers under the DTPA.

Hobbs v. Municipal Court

233 Cal. App. 3d 670 · California Court of Appeal · Aug 22, 1991

The statute thus recognized a qualified work product privilege or immunity from discovery as well as a blanket immunity from discovery for work product. … Subdivision (b) of the statute encompasses the qualified work product privilege or immunity from discovery, while subdivision (c) encompasses the blanket or absolute immunity. 23 However, in a criminal case where there is

Gordon v. Posner

142 Md. App. 399 · Court of Special Appeals of Maryland · Jan 31, 2002

The *430 Court then proceeded to consider whether, as a matter of law, Eagan’s conduct barred his immunity defense. … It explained that Eagan’s guilty plea could not be used to establish the intentional killing required to abrogate parent-child immunity in the wrongful death case, because Eagan had disputed the nature of the killing in his

Brooks v. City of Sugar Creek

340 S.W.3d 201 · Missouri Court of Appeals · Mar 22, 2011

In Point Two, Brooks argues in the alternative that the trial court erred in granting summary judgment over his claims as it pertained to the City “because Defendant did not establish its right to sovereign immunity in this … But Brooks fails to cite to any authority whatsoever that supports the proposition that such a clause in an insurance policy can be construed as waiving sovereign immunity when the policy in question clearly and unambiguously

In Interest of GGP

382 So. 2d 128 · District Court of Appeal of Florida · Apr 2, 1980

The tape clearly shows that appellant believed that the promise of immunity made by the St. Cloud officer covered all the burglaries. … Unless it could be effectively and clearly demonstrated that appellant understood that the Osceola deputy would not cooperate with the St.

Pandya v. State

375 N.J. Super. 353 · New Jersey Superior Court Appellate Division · Feb 28, 2005

He did not consider himself qualified to determine whether something represented a dangerous condition. … Only the Luz accident clearly represented an accident similar to Rahul’s, and there is no *372 assertion that corrective action should have been undertaken in the twelve hours between the two accidents.