Case law

Kirk v. City of Shawnee

27 Kan. App. 2d 946 · Court of Appeals of Kansas · Aug 11, 2000

In order to establish liability for negligence against any defendant, including a governmental entity, the plaintiff must establish: (I) the defendant owed a duty to the plaintiff; (2) that duty was breached; (3) the breach … If a special relationship did not exist in Schmidt , it clearly could not exist in this case.

Hodges v. Madison County Medical Center

929 So. 2d 381 · Court of Appeals of Mississippi · May 16, 2006

"This exemption, like that of qualified or absolute immunity, is an entitlement not to stand trial rather than a mere defense to liability and, therefore, should be resolved at the earliest possible stage of litigation." … Furthermore, there was insufficient evidence to establish that MCMC had constructive notice of the dangerous condition of the chair-bed and adequate time to protect or warn Hodges against the danger.

Sudul v. City of Hamtramck

221 Mich. App. 455 · Michigan Court of Appeals · Apr 29, 1997

Sudul's claims for assault and battery were made against the individual police officer defendants, who have qualified immunity pursuant to M.C.L. § 691.1407; M.S.A. § 3.996(107), which provides in relevant part: (1) Except … The federal circuit courts disagree whether qualified immunity is available as a matter of law as a defense against a claim of excessive force. See Alexander v.

Texas Department of Transportation v. Jimmie Lee Lofton

Texas Court of Appeals, 9th District (Beaumont) · Oct 19, 2023

To establish waiver of immunity for a premises defect claim, Lofton must establish, among other elements, that TxDOT “actually knew of a ‘dangerous condition at the time of the accident.’” … Since Lofton failed to establish that TxDOT had actual knowledge the pothole existed and posed an unreasonable danger when the accident occurred, Lofton failed to meet his burden to establish that TxDOT’s immunity from

City of Houston v. Lucy Caro

Texas Court of Appeals, 14th District (Houston) · Apr 23, 2024

A plaintiff bears the burden of establishing a waiver of immunity under the TTCA. Dallas Area Rapid Transit v. Whitley, 104 S.W.3d 540, 542 (Tex. 2003). … Here, Caro does not dispute that she must establish waiver as a licensee.1 To establish waiver under the TTCA, Caro, as a licensee, must prove the following five elements: (1) a condition of the premises created an

Mannella ex rel. Mannella v. Port Authority of Allegheny County

982 A.2d 130 · Commonwealth Court of Pennsylvania · Oct 6, 2009

Port Authority of Allegheny County, 524 Pa. 1 , 568 A.2d 931 (1990), the General Assembly created exceptions to that immunity when it enacted what is commonly know as the Sovereign Immunity Act. 3 Section 8522 of the Judicial … Summary judgment is only appropriate when, after examining the record in the light most favorable to the non-moving party, there is no genuine issue of material fact and the moving party clearly establishes that he is entitled

Kieff v. Louisiana Land & Exploration Co.

99 La.App. 4 Cir. 2947 · Louisiana Court of Appeal · Jan 24, 2001

The plaintiff does not contend otherwise, preferring to focus his argument instead on his contention that the site of the accident was located in navigable waters and therefore not qualified for recreational use immunity. … We agree with the trial judge’s finding that: “Clearly a water control device meets this standard.”

Moore v. City of Detroit

128 Mich. App. 491 · Michigan Court of Appeals · Jun 23, 1983

Except as otherwise provided herein, this act shall not be construed as modifying or restricting the immunity of the state from tort liability as it existed heretofore, which immunity is affirmed.” … immunity.

Gardner v. Rosecliff Realty Co.

41 N.J. Super. 1 · New Jersey Superior Court Appellate Division · Jul 9, 1956

a defense clearly does not bar a subsequent litigation by the same plaintiffs against the principal. … The question whether or not Rosenthal knowingly *9 and intentionally made the misrepresentation of fact, above stated, was clearly a matter to be determined by the jury.

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.

Brewer v. Trimble

926 S.W.2d 686 · Missouri Court of Appeals · Jun 28, 1996

On the first appeal, Defendant claimed that Plaintiff failed to state a cause of action, failed to make a submissible case and that Defendant was protected by qualified immunity. … The Supreme Court in Farrar has clearly held that a litigant recovering only nominal damages is still a “prevailing party” under § 1988.

Melissa Smith v. Pike County, Mississippi

Court of Appeals of Mississippi · Feb 9, 2021

Although two of the cases previously discussed, Ostrowski and Robinson, involved drivers injured during the weather event, Schepens clearly did not. … Meaning, per the language of the statute, it clearly appears that sovereign immunity applies if a governmental entity is able to establish that the requirements of any one of the exemptions set forth in section 11-46-9

County of El Paso v. Dorado

180 S.W.3d 854 · Texas Court of Appeals, 8th District (El Paso) · Jan 11, 2006

Appellant filed a second interlocutory appeal raising a question regarding qualified immunity of the nurses, which was denied. 2 In May of 2003, trial was had to a jury on allegations of the violation of the constitutional … Actions and decisions by officials that are merely inept, erroneous, ineffective, or negligent do not amount to deliberate indifference and do not divest officials of qualified immunity. Id.

Hinnigan v. State

94 A.D.2d 830 · Appellate Division of the Supreme Court of the State of New York · May 5, 1983

The only obligation of the State under the statute was to lend technical assistance to towns and to issue regulations to qualify a town for the program. … We conclude that none has been established (Schuster v City of New York, 5 NY2d 75 ). The town was not under any obligation to comply with the Federal insurance program.

State v. Trocodaro

36 Ohio App. 2d 1 · Ohio Court of Appeals · May 22, 1973

The facts upon which this conviction was based clearly evidence one of the most cold blooded acts of murder that the writer of this decision has had the unpleasant duty to review upon appeal. … It would thus appear that the general pattern has been established. It would also appear, therefore, that in order for an *12 agreement offering’ immunity to be binding upon the state, court approval should be procured.

Cleveland v. State

2012 Ohio 3572 · Ohio Court of Appeals · Aug 9, 2012

immunity based upon the facial validity of CCO 677A. … State, 95 Ohio St.3d 149, 2002-Ohio-2005, 766 N.E.2d 963, the state argued that R.C. 4921.30 does not simply limit the legislative power of cities, but is part case were entitled to qualified immunity because it was unclear

TXU Energy Retail Company L.L.C. v. Fort Bend Independent School District

472 S.W.3d 462 · Texas Court of Appeals, 5th District (Dallas) · Aug 26, 2015

We will generally refer to the alleged immunity in this case as governmental immunity. … We therefore decline TXU’s invitation to establish a waiver-by-conduct exception here. See City of McKinney v. Hank’s Rest. Grp., L.P., 412 S.W.3d 102, 114 (Tex. App.—Dallas 2013, no pet.)

David Hornberger, in His Official Capacity, Ryan Anderson, in His Official Capacity, Brian Hamilton, in His Official Capacity, Bonnie Giddens, in Her Official Capacity, Lisa Krenger, in Her Official Capacity, Perry Shankle, in His Official Capacity, Stacy Sharp, in Her Official Capacity, Dr. Dana Bashara, in Her Official Capacity, and Alamo Heights Independent School District v. Selina Jones, Roy Hummel and Leslie Michelle Pruitt

Texas Court of Appeals, 8th District (El Paso) · Aug 28, 2024

See Hillman, 579 S.W.3d at 360 (setting out five factors to determine whether a statute clearly and unambiguously waives governmental immunity); Tex. … Nueces Cnty., 579 S.W.3d 354, 361 (Tex. 2019) which sets out five factors to consider whether a statute clearly and unambiguously waives immunity.

Barnett v. Department of Management Servs.

931 So. 2d 121 · District Court of Appeal of Florida · May 22, 2006

Any lingering uncertainty as to the legislative intent behind the creation of the Act was, in our opinion, clearly dispelled by the legislature's addition of subsection (8) to section 957.04 in 1999, which provides that the … Contrary to appellant's position, we conclude the quoted provision should be viewed merely as an indicator of legislative intent that, in making the cost-saving determination to qualify for a contract to operate a prison

David Hornberger, in His Official Capacity, Ryan Anderson, in His Official Capacity, Brian Hamilton, in His Official Capacity, Bonnie Giddens, in Her Official Capacity, Lisa Krenger, in Her Official Capacity, Perry Shankle, in His Official Capacity, Stacy Sharp, in Her Official Capacity, Dr. Dana Bashara, in Her Official Capacity, and Alamo Heights Independent School District v. Selina Jones, Roy Hummel and Leslie Michelle Pruitt

Texas Court of Appeals, 8th District (El Paso) · Aug 21, 2024

See Hillman, 579 S.W.3d at 360 (setting out five factors to determine whether a statute clearly and unambiguously waives governmental immunity); Tex. … Nueces Cnty., 579 S.W.3d 354, 361 (Tex. 2019) which sets out five factors to consider whether a statute clearly and unambiguously waives immunity.