Case law

Grabler v. Allen

109 P.3d 1047 · Colorado Court of Appeals · Feb 10, 2005

The GIA establishes sovereign immunity for all public entities and public employees for all actions that lie in tort or could lie in tort, except as specifically provided under the GIA. Section 24-10-106, C.R.S.2004. … The burden of proving jurisdiction is on the plaintiff, and the trial court’s findings of fact supporting, a determination under the GIA will not be reversed unless clearly erroneous.

Spectra-Physics, Inc. v. Superior Court

198 Cal. App. 3d 1487 · California Court of Appeal · Feb 4, 1988

The answer is clearly yes. … Counsel for plaintiffs, again having a joint stake with Teledyne in establishing that this settlement is in good faith, will most probably be cooperative in providing this information.

UCF Athletics Ass'n v. Plancher

121 So. 3d 1097 · District Court of Appeal of Florida · Aug 16, 2013

Since a reasonable reader could believe that the liability waiver only extended to claims for injuries that were unavoidable “even when every reasonable precaution” had been taken, the court determined the waiver did not clearly … Eminisor, 104 So.3d 359, 368 (Fla.2012) (“The State acts through its agencies and independent establishments, and a corporate instrumentality of an agency or independent establishment is an instrumentality of the state.”)

Carol Ann Milner v. City of Leander Axia Services, Inc. And Texas Municipal League Intergovernmental RiskPool

Texas Court of Appeals, 3rd District (Austin) · Mar 23, 2000

Whistleblower Act, for which immunity had clearly been waived. … it provided that plaintiffs had to elect as between the Anti-Retaliation Law and the Whistleblower Act, for which immunity had clearly been waived.

Winterburn v. City of Pomona

186 Cal. App. 3d 878 · California Court of Appeal · Oct 28, 1986

In spite of the fact that city planners, who speak their own arcane dialect, may have regarded the land as “non-recreational,” public access to and use of the land was clearly contemplated. … Mere alleged hearings concerning the cave, assuming they actually occurred, do not establish that the city voluntarily undertook the duty to restrict entry to the cave.

the City of Cleveland, Niki Coats, in His Official Capacity as Mayor of the City of Cleveland and Angela Smith, in Her Official Capacity as City Secretary of the City of Cleveland v. Keep Cleveland Safe

500 S.W.3d 438 · Court of Appeals of Texas · Jul 28, 2016

Similarly, in Couchman, the court discussed the impropriety of enjoining a legislative body from enacting ordinances: As before stated, the record clearly establishes that the ordinance has not been finally … It is well settled . . . that the enactment of a void ordinance will not be enjoined, although its invalidity clearly appears, unless it also clearly appears that the mere enactment of the ordinance of itself

Kavanaugh v. Midwest Club, Inc.

164 Ill. App. 3d 213 · Appellate Court of Illinois · Dec 18, 1987

The trial court found that no duty to plaintiff’s decedent was owed by Midwest Club and that the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (Ill. … A cause of action should not be dismissed unless it clearly appears from the pleadings that no set of facts can be proved which will entitle plaintiff to recover. Charles Hester Enterprises, Inc. v.

Barr v. Barr

418 N.J. Super. 18 · New Jersey Superior Court Appellate Division · Jan 19, 2011

See Pacifico, supra, 190 N.J. at 269 , 920 A. 2d 73 (reiterating that "the burden of establishing immunity from distribution of a particular marital asset or portion of an asset rests upon the spouse who asserts it"). *888 … The regular increases attributable solely to longevity are not immune when a distribution is deferred.

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.

Uptergrove v. Housing Authority of the City of Lawson

935 S.W.2d 649 · Missouri Court of Appeals · Nov 26, 1996

omissions by public employees arising out of the operation of motor vehicles or motorized vehicles within the course of their employment; (2) Injuries caused by the condition of a public entity’s property if the plaintiff establishes … Introducing or eliciting evidence at trial that is similar to that which is challenged on hearsay grounds qualifies as a waiver. In re Marriage of Clark, 801 S.W.2d 496, 499 (Mo.App.1990).

Wisniewski v. Town of Darien

135 Conn. App. 364 · Connecticut Appellate Court · May 8, 2012

“General Statutes § 52-557n abandons the common-law principle of municipal sovereign immunity and establishes the circumstances in which a municipality may be liable for damages. . . . … them the protection of governmental immunity.

Longo v. Tafaro

137 A.D.2d 661 · Appellate Division of the Supreme Court of the State of New York · Feb 16, 1988

Thus, in the field of traffic design engineering, the State is accorded a qualified immunity from liability arising out of a highway planning decision (Alexander v Eldred, 63 NY2d 460, 465-466 ; Weiss v Fote, 7 NY2d 579, … "Under this doctrine of qualified immunity, a governmental body may be held liable when its study of a traffic condition is plainly inadequate or there is no reasonable basis for its traffic plan (Alexander v Eldred, 63 NY2d

State Ex Rel. Badami v. Gaertner

630 S.W.2d 175 · Missouri Court of Appeals · Jan 19, 1982

The latter motion was based upon immunity under the workmen’s compensation law. … The employer on the other hand received immunity from general tort liability and damages and received an established basis for determining the extent of its monetary liability.

Aurora National Bank v. Anderson

132 Ill. App. 2d 217 · Appellate Court of Illinois · Mar 29, 1971

It said, at p. 59: “In our opinion, the law of Illinois clearly applies in this case. … That state has the primary responsibility for establishing and regulating the incidents of the family relationship and it is the only state in which the parties can, by participation in the legislative processes, effect a

Mack Industries, Ltd. v. Village of Dolton

2015 IL App (1st) 133620 · Appellate Court of Illinois · May 26, 2015

A motion to dismiss should not be granted “unless it is clearly apparent that no set of facts can be proved that would entitle the plaintiff to relief.” Tedrick v. … Hollow court, however, reasoned that section 2-201 does not always control because “[s]ection 2-201 begins with the phrase, ‘[e]xcept as otherwise provided by Statute’ (745 ILCS 10/2-201 (West 2000)), which clearly

Banks v. Parish of Jefferson

12 La.App. 5 Cir. 215 · Louisiana Court of Appeal · Jan 30, 2013

R.S. 9:2798.1, to-wit: The Louisiana Supreme Court established a two-step test for courts to follow when determining whether the immunity applies. See Simeon v. Doe, 618 So.2d 848, 852-53 (La.1993). … Once a defendant establishes its conduct involves a matter of choice or discretion that is not the end of the inquiry.

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.

O'Neil v. Peekskill Faculty Ass'n

120 A.D.2d 36 · Appellate Division of the Supreme Court of the State of New York · Oct 14, 1986

"Legal representation of a client, by itself, does not establish an individual as a public figure. … In Silsdorf v Levine ( 59 NY2d 8, 13, 15 , cert denied 464 US 831 ), it was clearly stated that "the immunity afforded the expression of opinion obtains only when the facts supporting the opinion are set forth” and that the

Brown v. Town of Chapel Hill

233 N.C. App. 257 · Court of Appeals of North Carolina · Apr 1, 2014

However, once plaintiff’s true identity was established, Officer Punk released plaintiff. … With regard to the reasonableness analysis required by Hill , the Fourth Circuit has noted that the qualified immunity reasonableness determination is based on evidence reasonably available to the police officer and in fight

A.B. Ex Rel. C.D. v. Stone County School District

14 So. 3d 794 · Court of Appeals of Mississippi · Jul 28, 2009

The school district responds that A.B.’s argument is a misinterpretation of precedent established by the supreme court in Collins v. Tallahatchie County, 876 So.2d 284 (Miss.2004). ¶ 12. … Subsection (b) clearly carries an ordinary[-]care standard; subsection (d) does not. See id.