Case law

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.

Texas Southern University v. State Street Bank & Trust Co.

212 S.W.3d 893 · Texas Court of Appeals, 1st District (Houston) · Jan 11, 2007

Consequently, when the State contracts with private citizens, it waives immunity from liability. B. Plea to the Jurisdiction A plaintiff who sues the State must establish the State’s consent to sue. Tex. … The Catalina court, which consisted of eight justices and one dissenter (Justice Enoch), clearly establishes that the court will evaluate the waiver-by-conduct exception to sovereign immunity on the facts of each case, not

Stout v. Tippecanoe County Department of Public Welfare

182 Ind. App. 404 · Indiana Court of Appeals · Oct 15, 1979

The party seeking summary judgment must establish the absence of a material factual dispute. … Thus, Stouts’ failure to establish that consent entitled the Department to a judgment as a matter of law. I.

Huff v. Goldcoast Jet Ski Rentals, Inc.

515 So. 2d 1349 · District Court of Appeal of Florida · Nov 25, 1987

Clearly, under those circumstances, having created a known dangerous condition not readily apparent to persons who could be injured thereby, the governmental entity has a duty to warn. … There has never been a common law duty establishing a duty of care with regard to how these various governmental bodies or officials should carry out these functions. These actions are inherent in the act of governing.

Wright v. Mount Auburn Daycare/Preschool

831 N.E.2d 158 · Indiana Court of Appeals · Jul 15, 2005

The Court concludes that the findings would be opinions subject to immunity. This is not to say that the findings enjoy unqualified immunity. As already recognized in Hutchinson v. … A trial court abuses its discretion when its decision is clearly against the logic and effect of the facts and cireamstances before it. Id. at 470-71 .

Santa Clara County Department of Social Services v. Katherine Q.

130 Cal. App. 3d 567 · California Court of Appeal · Apr 13, 1982

The trial court was obligated to “treat such an objection and declaration as conclusively establishing that an immunity order .. . cannot be issued because it would or might unduly hamper criminal prosecution of the witness … Finally, and contrary to appellant’s fourth contention, the tape recording was clearly admissible as a declaration against penal interest (Evid.

KingVision Pay-Per-View, LTD v. Dallas County, Texas

Texas Court of Appeals, 5th District (Dallas) · Feb 20, 2014

BACKGROUND In 2001 and 2003 appellants sued multiple defendants alleging that they illegally intercepted and aired pay-per-view boxing matches at various establishments. … In short, former sections 34.064 and 34.065 do not clearly and unambiguously waive the County’s immunity from suit and the authorities appellants rely upon do not apply to the facts of this case.

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 .

Zidron v. Metts

2017 Ohio 1118 · Ohio Court of Appeals · Mar 28, 2017

Zidron argues that her testimony was sufficient to establish that Dr. Fisher was present for Bradley's appointment. … Mullen was not immune." Id.

Ohdan v. City of New York

268 A.D.2d 86 · Appellate Division of the Supreme Court of the State of New York · Apr 27, 2000

Such unprofessional behavior clearly does not fall within the range of discretionary decisions immunized by public policy. … Immunity will not cloak the actions of an officer who “affirmatively intervened in a dangerous situation and negligently caused injury to a bystander, by acts which deviated from clearly accepted and established protocols

Gray v. Allison Division, General Motors Corp.

52 Ohio App. 2d 348 · Ohio Court of Appeals · Apr 14, 1977

A qualified privilege, has been applied to situations of intermediate importance, with immunity conditioned upon publication in a reason-, able manner and for a proper purpose. … While protected by a qualified privilege, defamatory statements, will impose liability only by establishing either that the defamation was published to someone not, within the scope of-the privilege, or if the defamation

Shields v. Plummer

163 N.E.3d 653 · Ohio Court of Appeals · Nov 25, 2020

The brief then concludes with discussion of "The Third Tier: Applicable Defenses," submitting that with the R.C. 2744.02(B)(4) exception established, the specific further immunity referenced in R.C. 2744.03(A)(5) (making … No. 20AP-214 10 2744.03(A)(5) defense applicable if the R.C. 2744.02(B)(4) exception had been established) is moot.

Atlantic Specialty Insurance Company v. Nancy Lewis

341 Ga. App. 838 · Court of Appeals of Georgia · Jun 20, 2017

immunity in a lesser amount by operation of law. … The insurer and insured clearly have a contractual interest at stake in a dispute over the terms and coverage of the insurance policy, and such disputes routinely arise before judgment has been entered in the underlying

Martinez v. Wake Cty. Bd. of Educ.

258 N.C. App. 466 · Court of Appeals of North Carolina · Mar 20, 2018

“According to well-established North Carolina law, governmental immunity is an immunity from suit rather than a mere defense to liability. … be established under our Tort Claims Act.

BNC Metro 1 v. BNC Metro 3

2025 COA 52 · Colorado Court of Appeals · May 22, 2025

After elections and by orders of the Adams County District Court, BNC1 was established in 2000, and BNC2 and BNC3 were established in 2004. … The plaintiff bears the burden of establishing that the public employee is not immune under the CGIA and that the trial court has jurisdiction over the tort claim. Henderson v.

City of El Paso v. Joseph C. Pickett

Texas Court of Appeals, 8th District (El Paso) · Dec 28, 2022

“Consequently, sovereign immunity will bar an otherwise proper [U]DJA claim that has the effect of establishing a right to relief against the State for which the Legislature has not waived sovereign immunity.” … The UDJA clearly and unambiguously waives the governmental immunity of municipalities in any action for declaratory judgment that involves the validity of a municipal ordinance. See id.

City of Lubbock, TX v. Jim Adams

Texas Court of Appeals, 7th District (Amarillo) · Oct 7, 2004

A plaintiff has the burden to establish a waiver of immunity from suit. Tex. Dep’t of Transportation v. Jones, 8 S.W.3d 636, 638 (Tex. 1999). … --Houston [1st Dist.] 2004, pet. filed) (city charter clearly waived city’s immunity from suit); Alamo Cmty. College Dist. v. Browning Constr. Co., 131 S.W.3d 146, 152-53 (Tex. App.

Department of Transportation v. Blue

147 N.C. App. 596 · Court of Appeals of North Carolina · Dec 18, 2001

Nevertheless, NCDOT asserts the defense of sovereign immunity. “Sovereign immunity is a theory or defense established to protect a sovereign or state as well as its officials and agents from suit in certain instances.” … Under the doctrine of sovereign immunity, “[t]he State of North Carolina is immune from suit unless and until it expressly consents to be sued.” State v. Taylor, 322 N.C. 433, 435 , 368 S.E.2d 601, 602 (1988).

Falk v. Sadler

341 S.C. 281 · Court of Appeals of South Carolina · Jun 19, 2000

Under this interpretation, the statement clearly conflicts with some of the other allegations which assert Sadler committed wrongful acts exceeding the scope of her duties as guardian. … This result does not preclude a later determination that summary judgment or a directed verdict may be appropriate, as it does not establish the law of the case or have the effect of striking any applicable defense. Cf.

Texas Department of Transportation v. Robyn Womac

Texas Court of Appeals, 13th District · Oct 11, 2012

facts in making our immunity determination. … or otherwise urge immunity at any point during the trial court proceedings.