Case law

Ganios v. State

181 A.D.2d 859 · Appellate Division of the Supreme Court of the State of New York · Mar 30, 1992

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, … There was expert testimony establishing that the newly-paved asphalt possessed a different coefficient of stopping friction from the existing, extraordinarily slippery concrete pavement, thereby precipitating the claimant

Contreraz v. Bettsville

2011 Ohio 4178 · Ohio Court of Appeals · Aug 22, 2011

R.C. 2744.02(A)(1). {¶23} However, the immunity established under R.C. 2744.02(A)(1) is not absolute; and the subdivision’s immunity is subject to a list of exceptions under R.C. 2744.02(B)(1)-(5). … Once general immunity has been established by the political subdivision, the burden lies with the plaintiff to show that one of the five exceptions under R.C. 2744.02(B) apply. Brady v. Bucyrus Police Dept., 3d Dist.

Ollie, Dorothy v. Plano Independent School District

383 S.W.3d 783 · Texas Court of Appeals, 5th District (Dallas) · Oct 24, 2012

teaching contract’ The district court ftnand that the lact ()ilie later determined she needed more than twenty months of administrative leave to qualify … operation of a motor vehicle, governmental immunity had not been waived by the TTCA.

Michael Louis Minns v. Andrew Hettinger

Texas Court of Appeals, 13th District · Jun 18, 2025

In her motion, Kelly also argued that Andrew could not establish a prima facie case and that she established the following affirmative defenses: substantial truth, quasi- judicial immunity, lack of standing, qualified privilege … immunity, (3) quasi-judicial immunity, and (4) lack of standing.

Montgomery County v. Fuqua

22 S.W.3d 662 · Texas Court of Appeals, 9th District (Beaumont) · Aug 10, 2000

Code Ann. § 254.005 -.006 (Vernon 1999)). 2 The statute clearly allows suits for damages and, thus, provides a limited waiver of the county’s governmental immunity under the provisions of section 2.102(c). … Thus, we find that ap-pellees’ pleadings fail to allege sufficient facts to establish that waiver of governmental immunity has occurred under the statute.

Montz v. Mendaloff

40 Md. App. 220 · Court of Special Appeals of Maryland · Jul 18, 1978

such immunity’ in Latz at 728-734 . … Clearly the stepfather’s liability, as he was not operating or present in the ear at the time of the accident, could only be dependent on the mother’s own liability. As she was not liable, neither was the stepfather.

Doe v. Escambia County School Bd.

599 So. 2d 226 · District Court of Appeal of Florida · May 18, 1992

Briefly, the evidence viewed in a light most favorable to the Does' case established the following. … The trial court erred in characterizing the plaintiff's cause of action as one for lack of adequate security; the complaint and the evidence of record clearly show that it is for the negligent breach of the school's duty

City of Diboll, Texas v. Louie Lawson, Representative of the Estate of Carolyn Burns

Texas Court of Appeals, 12th District (Tyler) · Dec 3, 2014

Governmental immunity provides this protection to political subdivisions of the State, including cities, and is derived from the State‘s sovereign immunity. Id. at 134 n.5. … Thus, we agree with the analysis in Homoky and Dubois that an injury occurring on the premises while walking to and from the activity is part of the larger recreational event, and also qualifies as recreation.

James Bell McCoy v. Craig Watkins

Texas Court of Appeals, 5th District (Dallas) · Nov 5, 2015

Judges enjoy absolute immunity from suit for judicial acts unless such acts fall clearly outside the judge’s subject matter jurisdiction. See Stump v. Sparkman, 435 U.S. 349, 356–57 (1978); Spencer v. … Furthermore, although qualified immunity may be –3– defeated by a showing that the official knew or reasonably should have known the action he took within the sphere of his

Zervos v. Trump

2019 NY Slip Op 1851 · Appellate Division of the Supreme Court of the State of New York · Mar 14, 2019

Fitzgerald contended that Nixon could only claim qualified immunity, which only protected the President from certain suits. In contrast, Nixon claimed he was entitled to absolute immunity for his official acts. … In furtherance of this rationale, cabinet members and presidential aides are entitled to qualified immunity to protect the free flow of ideas during communications with the President ( Harlow v Fitzgerald , 457 US 800, 810

Kaisner v. Kolb

12 Fla. L. Weekly 1623 · District Court of Appeal of Florida · Jul 1, 1987

Moreover, the court's decision in Commercial Carrier did not discuss or consider conduct for which there would have been no underlying common law duty upon which to establish tort liability in the absence of sovereign immunity … The waiver was intended to be broad in its coverage, but clearly was not intended to create causes of action for activities that are inherently governmental in nature. Trianon Park, 468 So.2d at 921 .

Cox v. Department of Natural Resources of the State

699 S.W.2d 443 · Missouri Court of Appeals · Jul 30, 1985

This appeal involves the issues of sovereign immunity, official immunity, ■ and the public duty doctrine. … Sovereign Immunity.

Lascurain v. City of Newark

349 N.J. Super. 251 · New Jersey Superior Court Appellate Division · Mar 12, 2002

The court stated: "But clearly, these individuals, both either under an absolute immunity or discretionary immunity, *752 should have their cases dismissed against them." … Thus, the test is whether a public employee reasonably believed that his or her actions were lawful in light of clearly established laws. Delbridge v.

Generes v. Foreman

277 Ill. App. 3d 353 · Appellate Court of Illinois · Dec 29, 1995

Judicial immunity apparently originated, in medieval times, as a device for discouraging collateral attacks and thereby helping to establish appellate procedures as the standard system for correcting judicial error. … Where there is clearly no jurisdiction over the subject-matter any authority exercised is a usurped authority, and for the exercise of such authority, when the want of jurisdiction is known to the judge, no excuse is permissible

Fischer v. Canario

277 N.J. Super. 302 · New Jersey Superior Court Appellate Division · Nov 21, 1994

Rubin was qualified as an expert in the fields of oncology, hematology, immunology, and general medicine. Dr. Roschelle was an orthopedic surgeon. … The jury charge in this case, when read as a whole, clearly instructs the jury to award plaintiff the entire amount of the damages to which he is entitled.

Meador v. BIRTH-RELATED INJURY

44 Va. App. 149 · Court of Appeals of Virginia · Oct 26, 2004

As we recently explained, the Virginia Birth-Related Neurological Injury Compensation Act “provides claimants with a no-fault remedy for compensation for qualified injuries.” Cent. Va. … App. 557, 566, 593 S.E.2d 533, 538 (2004) (en banc) (“Absent a clearly expressed legislative intent otherwise, statutes should not be construed to displace long-established common law principles.”).2 Guided by these

Scott v. Willis

116 Pa. Commw. 327 · Commonwealth Court of Pennsylvania · May 25, 1988

Clearly, then, the real property ex *334 ception is unavailable to Appellants, and their claims against the School District were correctly dismissed. … Further, Appellants have failed to plead the sufficient factual predicates on which they could establish willful misconduct. See Weissman v. City of Philadelphia, 99 Pa. Commonwealth Ct. 403 , 513 A.2d 571 (1986).

Parmar v. Madigan

2017 IL App (2d) 160286 · Appellate Court of Illinois · Jun 6, 2017

affirmative defenses, defendants claimed that several counts in plaintiff’s complaint failed to state a claim upon which relief could be granted. ¶ 12 In his response, plaintiff claimed that the legislature clearly … Plaintiff did not dispute Flores’s averments, but claimed that duress was established by the Estate Tax Act’s provision for penalties, interest, and personal liability.

H.S. v. Board of Regents, Southeast Missouri State University

967 S.W.2d 665 · Missouri Court of Appeals · Apr 14, 1998

Strom that his “T-eount/immune system is out of whack.” … Clearly Section 213.055 RSMo was meant to apply to the state and its political subdivisions.

Fair Share Organization, Inc. v. Mitnick

134 Ind. App. 675 · Indiana Court of Appeals · Mar 19, 1963

They followed the policy established in James v. … The cases in this state clearly indicate that an injunction is proper, in spite of the Anti-Injunction Statute, when picketing is carried on .for an illegal purpose.