Case law

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

Pagan v. SARASOTA COUNTY PUBLIC HOSP. BD.

884 So. 2d 257 · District Court of Appeal of Florida · Aug 13, 2004

by a sovereignly immune independent establishment of the state and which is subject to the type of control to which First Physicians Group is subject, is entitled to sovereign immunity. … The hospital district's immunity is not disputed by the Pagans. It is also well established that a physician employed by a sovereignly immune entity is entitled to the benefit of sovereign immunity. See Pub.

People v. Optimal Global Healing, Inc.

California Court of Appeal · Nov 10, 2015

This measure superseded previous City laws concerning MMB‟s, and enacted Los Angeles Municipal Code (LAMC) section 45.19.6.2, subdivision A, making it a misdemeanor to “own, establish, operate, use, or permit the establishment … , operate, use, or permit the establishment or operation of a [MMB] . . . .”

Texas State Technical College v. Beavers

218 S.W.3d 258 · Texas Court of Appeals, 6th District (Texarkana) · Apr 10, 2007

Likewise, whether undisputed evidence of jurisdictional facts establishes a trial court’s jurisdiction is also a question of law. Miranda, 133 S.W.3d at 225-26 . … shifted due to TSTC’s failure to perform a Process Safety Analysis on the use of the crane to roll the engine, including proper rigging, support equipment, safety practices, and the failure to ensure that instructors were qualified

Pensacola Jr. College v. Montgomery

539 So. 2d 1153 · District Court of Appeal of Florida · Feb 28, 1989

We reiterate that the statutory waiver of sovereign immunity "must be clearly expressed and strictly construed... ." See Gerard v. … 627.7262, Florida Statutes, prevented the filing of a motion to dismiss until the trial was concluded and judgment was entered against the insured — is inapplicable to the facts of the case at bar since the record plainly established

Lower Valley Water District v. Danny Sander Construction, Inc.

Texas Court of Appeals, 8th District (El Paso) · Jul 10, 2019

Section 271.152 of the Texas Local Government Code waives qualifying local governmental entities’ immunity from suit for certain breach of contract claims. Williams, 353 S.W.3d at 134. … For immunity to be waived, three elements must be established: (1) the party against whom the waiver is asserted must be a “local governmental entity” as defined by Section 271.151(3); (2) the entity must be authorized

Quevedo Ex Rel. Bevan v. New Mexico Children, Youth & Families Department

10 N.M. 707 · New Mexico Court of Appeals · Aug 31, 2016

For instance, the Children’s Code establishes standards for the housing of children by CYFD. … Both the shelter-care regulations and foster home regulations clearly address a wide variety of aspects of the day-to-day operation of the subject facilities.

National State Bank v. Gonzalez

266 N.J. Super. 614 · New Jersey Superior Court Appellate Division · Jul 30, 1993

Section 702 is clearly not, however, a waiver of immunity in state court. See Kozera v. Spirito, 723 F. 2d 1003 , 1011 n. 7 (1st Cir.1983); Aminoil U.S.A., Inc. v. … The legislative history of Section 702 clearly demonstrates Congress' intent that Section 702 not operate as a waiver of immunity in state court. See H.R.Rep.

Stahr v. Lincoln Sudbury Regional High School District

93 Mass. App. Ct. 243 · Massachusetts Appeals Court · May 18, 2018

Governmental Immunity. School and School Committee, Athletic coach, Liability for tort. Negligence, School, Governmental immunity. Words, "Intervention." … See id. at 41-42 (students 6 Even if we consider this theory of liability, the act of allowing an untrained volunteer coach to direct and supervise the drill in which Alexandra was injured would not qualify as the "

City of Mission v. Aaron Cervantes

Texas Court of Appeals, 13th District · Mar 28, 2024

Cervantes maintained that the jurisdictional evidence 3 demonstrated that the mound of caliche qualified as a special defect, such that the City owed an invitee standard of care. … Governmental immunity deprives a trial court of jurisdiction over lawsuits in which a governmental entity has been sued unless immunity is waived by the Legislature. Travis Cent. Appraisal Dist. v.

Christopher Zang v. City of St. Charles, Missouri

Missouri Court of Appeals · Oct 19, 2021

(2), which permits actions for negligence against cities, stating that immunity is “hereby expressly waived” for: Injuries caused by the condition of a public entity’s property if the plaintiff establishes … While these statutes clearly 4  In Findley v.

Chestnet v. K-Mart Corp.

529 N.E.2d 131 · Indiana Court of Appeals · Oct 18, 1988

Taken as true for our present purposes, this assertion does not establish that France made a defamatory statement. Rather, it merely establishes that France was screaming. … Screaming for help certainly does not qualify as a defamatory statement.

Benn v. County of Los Angeles

58 Cal. Rptr. 3d 563 · California Court of Appeal · May 2, 2007

As an alternative and independent ground the court *484 found the County was protected from liability by the doctrine of qualified immunity. … Lewis, supra, 523 U.S. 833, 849 . 65 In light of our conclusions we need not reach the County’s alternative argument it is protected from liability under the doctrines of absolute and/or qualified immunity.

Jackson v. Police Department

192 A.D.2d 641 · Appellate Division of the Supreme Court of the State of New York · Apr 19, 1993

immunity doctrine. … Where the plaintiff seeks to establish that the municipality is liable by virtue of the inadequate training of its police officers, the plaintiff must plead and prove that the municipality’s failure to train its police officers

State v. Carter

658 N.E.2d 618 · Indiana Court of Appeals · Dec 7, 1995

This policy prohibiting punitive damage awards against the State is established in other areas as well. … The general sanction provision does not warrant the trumping of the State's long established immunity from sanctions. See generally Atascadero State Hosp. v.

University Physicians, Inc. v. Pima County

206 Ariz. 63 · Court of Appeals of Arizona · Sep 4, 2003

. ¶ 10 Section 42-11107 establishes three conditions to qualify for the tax exemption it creates. First, the institution seeking exemption must be a “charitable” institution. A.R.S. § 42-11107. … There is no evidence that would suggest that UPI is using a facility or its equipment for a purpose other than for the relief of the afflicted or one that is clearly outside of its charitable mission.

Meek v. Department of Transportation

240 Mich. App. 105 · Michigan Court of Appeals · May 22, 2000

This finding is not clearly erroneous. … Given the evidence, the trial court’s award of damages was not clearly erroneous. Affirmed.

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.

Collins v. Town of Normal

2011 IL App (4th) 100694 · Appellate Court of Illinois · Jul 22, 2011

At the opposite end, section 2-101 of the Tort Immunity Act -3-  specifies some situations where the Tort Immunity Act does not apply, where there clearly is … “[U]nder established Illinois law, public entities possess no immunized discretion to discharge employees for exercising their workers’ compensation rights.” Smith v.

Rick Staly, as Sheriff of Flagler County, Florida v. Nina Izotova

District Court of Appeal of Florida · Dec 20, 2024

Notwithstanding this argument, nothing in the record establishes that the Bureau of Consumer Assistance is a subdivision of DFS or that their mailing addresses are the same. … Additionally, Appellee cites no case law supporting her claims that notice to a subdivision of DFS qualifies as notice to DFS for purposes of section 768.28(6)(a).