Case law

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

Vanessa Velez Labrado v. Leith Labrado and Laboe Labrado

Texas Court of Appeals, 8th District (El Paso) · Oct 31, 2025

has not been met, § 261.106 immunity is unnecessary. … P. 38.1(j) (appellant’s brief must “clearly state[] the nature of the relief sought”), which would be the only relief available for harmful jury charge error. See Glenn v.

Turkow v. Wisconsin Department of Natural Resources

216 Wis. 2d 273 · Court of Appeals of Wisconsin · Jan 13, 1998

The principle of state sovereign immunity is clearly established, see Polk County v. State Public Defender, 179 Wis. 2d 312, 317 , 507 N.W.2d 576, 578 (Ct. … The record establishes that Turkow did not pursue any remedy available in ch. 227.

Cordova v. Pueblo West Metropolitan District

986 P.2d 976 · Colorado Court of Appeals · Sep 7, 1999

Accordingly, we conclude that the trial court erred in holding that the plaintiffs had met their burden of establishing that their claim against the District fell within a statutory exception to the immunity granted by the … Its findings will not be disturbed unless they are clearly erroneous. Swi eckowski v. City of Fort Collins, supra; Fogg v. Macaluso, supra.

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.

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.”)

Salvi v. Village of Lake Zurich

2016 IL App (2d) 150249 · Appellate Court of Illinois · Jan 18, 2017

Counts I, II, and III all allege trespass (willful and wanton in count I, negligent in counts II and III), which is clearly a tort applicable to private parties. … According to the Village, plaintiff’s complaint “clearly alleges that it was a heavy rain that ultimately caused the water to overflow into the pond.”

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

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.

People v. O'Farrow

141 A.D.2d 674 · Appellate Division of the Supreme Court of the State of New York · Jun 13, 1988

Finally, the defendant contends that the complaining witness should not have been believed because she was granted immunity from prosecution for lying about the amount of money that was taken. … Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record (see, People v Garafolo, 44 AD2d 86, 88 ).

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).

Duplantier v. Krewe of Pygmalion

2007 La.App. 4 Cir. 1034 · Louisiana Court of Appeal · Dec 3, 2008

“[A] ‘compensated employee of such krewe or organization’ is excepted from this statutory immunity even if he would otherwise qualify.” Daniel v. … As the moving party on the motion for summary judgment, Pygmalion bore the burden to prove that the Duplantiers would not be able to establish vicarious liability. Mr.

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

Benjamin v. City of Norwalk

170 Conn. App. 1 · Connecticut Appellate Court · Dec 27, 2016

‘‘Our review of the factual findings of the trial court is limited to a determination of whether they are clearly erroneous. . . . … The clear intent of the motion was for the council to accept the highways in Shorefront Park as depicted on the subdivision map without qualifi- cation, clarification, or limitation.

Canizares v. City of Philadelphia

162 Pa. Commw. 444 · Commonwealth Court of Pennsylvania · Mar 10, 1994

To establish liability in light of governmental immunity, Appellants were required to establish each of the following at trial: (1) that the City would have been liable under common law or statute for Mr. … Our review of the record reveals that Appellants have failed to establish the second and third aforementioned requirements, each of which would support a conclusion that the City is immune from suit in the present case.

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.

Stedman v. Dept. of Forestry

316 Or. App. 203 · Court of Appeals of Oregon · Dec 8, 2021

“(b) An all-terrain vehicle decal issued under this sec- tion must be permanently affixed to the vehicle and dis- played in a clearly visible manner. … Cite as 316 Or App 203 (2021) 207 “(5) The department shall establish by rule a fee for a permit issued or renewed under this section.