Case law

Connelly v. State of California

3 Cal. App. 3d 744 · California Court of Appeal · Jan 21, 1970

We turn to the question of governmental immunity. … However, prior to the enactment of the 1963 California Tort Claims Act, activities deemed discretionary and clothed with immunity are not clearly defined.

Smith v. County of White

191 Ill. App. 3d 569 · Appellate Court of Illinois · Nov 20, 1989

Act (Tort Immunity Act) (Ill. … Once a duty has been established, the question of whether the defendant breached that duty is one for the trier of fact. (Long, 178 Ill. App. 3d at 51 , 532 N.E.2d at 919 .)

the University of Texas System Operating as the University of Texas at El Paso v. Kenneth Palomino

498 S.W.3d 711 · Texas Court of Appeals, 8th District (El Paso) · Aug 24, 2016

We concluded therefore that Duran failed to establish a waiver of immunity under the Tort Claims Act because she had failed to show that her instructors had exercised direct and mandatory control over her actions. … Accordingly, Palomino has failed to establish a waiver of immunity under the Tort Claims Act. We therefore grant UTEP’s issue on appeal.

Farrington v. City of Richfield

488 N.W.2d 13 · Court of Appeals of Minnesota · Aug 18, 1992

In discussing the candidates’ qualifications, the council noted that Farrington was well qualified, but Stokes expressed a general preference for a younger person. … Farrington argues that he was not required to show that he was an employee before establishing a prima facie case of age and sex discrimination under the Act.

Tractor Supply Co. v. Kent

966 So. 2d 978 · District Court of Appeal of Florida · Aug 31, 2007

The question presented in this appeal is whether Byerley and Elliott establish that an employer such as TSC, who, through its comp carrier, [2] denies a worker's compensation claim on the basis that the injury or illness … assert comp immunity as a defense to a civil suit.

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.

TMC Consulting Services, L.L.C. v. Wright

Superior Court of Delaware · Jan 26, 2017

Wright and Kennedy reason that they are entitled to qualified immunity for their actions undertaken as Joint Voluntary Liquidators on behalf of the Funds as part of the Funds’ liquidation. … WHETHER QUALIFIED IMMUNITY EXTENDS TO QUASI-JUDICIAL OFFICERS LIKE LIQUIDATORS Wright and Kennedy next argue that liquidators, as quasi-judicial officers, are entitled to qualified immunity for actions performed

People Ex Rel. Madigan v. EXCAVATING AND LOWBOY SERVICES, INC.

388 Ill. App. 3d 554 · Appellate Court of Illinois · Feb 13, 2009

The void in the terms of the Environmental Act is, however, adequately compensated by the established rules found in the Claims Act and the Immunity Act. … Four well-established criteria guide the granting of injunctive relief: (1) the existence of a clearly ascertainable right in need of protection; (2) that irreparable harm will occur in the absence of the injunction; (3)

Firestone Tire & Rubber Co. v. Thompson Aircraft Tire Corp.

353 So. 2d 137 · District Court of Appeal of Florida · Nov 22, 1977

At the hearing on this motion, Firestone made an oral motion for leave to amend its complaint to state more clearly its contention that, although it was not negligent, if any negligence were to be found on its part, such … (Supp. 1976). [5] We note that Armor is clearly distinguishable from the instant case in that the third party plaintiff therein made no attempt to amend his complaint, but instead predicated his claim for indemnity on the

City of Paris and Kevin Carruth v. Ranger Abbott

360 S.W.3d 567 · Texas Court of Appeals, 6th District (Texarkana) · Oct 21, 2011

While the State’s sovereign immunity was at issue in Little-Tex, the City’s governmental immunity is at issue here. … The burden of establishing jurisdiction, of proving a justiciable controversy, clearly falls on the moving party.” City of El Paso v. Madero Dev., 803 S.W.2d 396, 400 (Tex.App.-El Paso 1991, writ denied).

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.

Cheryl Merolla v. Wilson County, Tennessee

Court of Appeals of Tennessee · May 1, 2019

Merolla contends that the trial court abused its discretion in qualifying Captain Whitefield as an expert. … In determining whether a proffered witness is qualified as an expert, “the trial court must first make a determination that the witness is qualified by knowledge, skill, experience, training, or education to express an opinion

Vrabel v. Commonwealth

844 A.2d 595 · Commonwealth Court of Pennsylvania · Mar 9, 2004

However, the plaintiffs did not produce expert testimony that established PennDOT’s legal duty to place those particular signs or established the lack of signs caused the accident. … However, Kiser did not involve application of the Sovereign Immunity Act; consequently, the case is inapposite to this controversy where the Sovereign Immunity Act applies.

Bexar County Hospital District D/B/A University Health F/K/A University Health System v. Consuelo Levine

Texas Court of Appeals, 8th District (El Paso) · Nov 25, 2025

But the evidence does not conclusively establish that the correct defendant—Bexar County Hospital District d/b/a University Health—was not actually served on April 6, 2021. … Misnomer qualifies as such a doctrine. Levinson Alcoser Associates, L.P. v.

City of Houston v. Brenda Garcia Cruz

Texas Court of Appeals, 1st District (Houston) · Dec 28, 2023

Second, the City argued that the TTCA does not clearly and unequivocally waive the City’s immunity for claims of negligence per se. … Id. at 867 (stating that plaintiff’s burden requires both “satisfying the provisions that clearly and affirmatively waive immunity and negating any provisions that create exceptions to, and thus withdraw, that waiver”).

Ranger Ins. Co. v. Pierce County

158 P.3d 1231 · Court of Appeals of Washington · May 22, 2007

These bond companies are justified by the Superior Court through an established process designed to show that the company is qualified to conduct business in this field. … McAllister implies that Signature had authority because "[t]hese bond companies are justified by the Superior Court through an established process designed to show that the company is qualified to conduct business in this

Scavone v. Scavone

230 N.J. Super. 482 · New Jersey Superior Court Appellate Division · Nov 9, 1988

Passive, Immune Asset (Pre-marital, Gift, Inheritance) in One Name. … The immunity of assets acquired in such a manner is stated very clearly in N.J.S.A. 2A:34-23 and its accompanying statements.

Read v. City of Lynwood

173 Cal. App. 3d 437 · California Court of Appeal · Oct 7, 1985

This immunity extends to the public employee’s employer (Gov. Code, § 815.2(b)). … Should she establish at trial that the council eliminated this position to prevent her from assuming her former position, it would follow that a four-fifths majority would have been required.

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.

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