Case law

Lone Star Caliper Co. v. Talty Water Supply Corp.

102 S.W.3d 198 · Court of Appeals of Texas · Jan 31, 2003

Immunity In its first point of error, Lone Star asserts the trial court erred in granting summary judgment on immunity grounds because Talty was not entitled to governmental immunity. … •This provision of the tariff clearly contemplates and requires a relationship between Tatty and the renter separate from the owner of the property.

Perrone v. State

122 Conn. App. 391 · Connecticut Appellate Court · Jul 6, 2010

“It is a well-established rule of the common law that a state cannot be sued without its consent. . . . … immunity . . . .”

Behl v. Duffin

406 Ill. App. 3d 1084 · Appellate Court of Illinois · Dec 10, 2010

Defendants also maintained plaintiffs’ complaints fail to state a cause of action and plaintiffs’ claims are barred by sovereign and qualified immunities. … immunities.

City of Weslaco and City of Donna v. Emilio Cantu

Texas Court of Appeals, 13th District · Feb 5, 2004

This conduct is clearly intentional. See City of Laredo v. Nuno , 94 S.W.3d 786 (Tex. App.–San Antonio 2002, no pet.) … Since the pleadings fail to allege any negligent conduct, and the Tort Claims Act does not waive sovereign immunity for intentional torts, appellee has failed to establish a waiver of sovereign immunity.

Dept. of Family and Protective and Regulatory Services v. Rachel Atwood

Texas Court of Appeals, 1st District (Houston) · Dec 9, 2004

The Roe foster home was required to meet the appropriate minimum standards established by DFPS. … These responsibilities clearly fall to the Roes, not DFPS. In City of Denton v.

O'QUINN v. Power House Services, Inc.

633 So. 2d 707 · Louisiana Court of Appeal · Dec 29, 1993

The evidence presented in support of the motion for summary judgment as to the character of this property establishes only that the property may encompass approximately 500 acres. … Because there remains a material issue of fact as to whether the nature of this property qualifies it for immunity under the recreational use statutes, summary judgment is not appropriate.

Bozeman v. Reed

633 So. 2d 944 · Louisiana Court of Appeal · Mar 11, 1994

that the finding is clearly wrong (manifestly erroneous). … We find that the record supports an assessment of 50 percent fault on the part of Reed. [11] DPS'S IMMUNITY FROM LIABILITY ASSIGNMENT OF ERROR NUMBER THREE In this assignment of error, DPS contends that it is immune from

Jackson v. Alverez

358 Ill. App. 3d 555 · Appellate Court of Illinois · Jun 10, 2005

immunity. … In her filings below, she clearly made the relevant argument.

Georgia Department of Administrative Services v. McCoy

340 Ga. App. 877 · Court of Appeals of Georgia · Mar 16, 2017

. *882 The GTCA also makes clear, however, that the State has no liability for, and has established no immunity for, state officers or employees engaged in conduct “not within the scope of their official duties or employment … Rather, the default judgment could have established liability only for Allen’s actions made outside the scope of her employment.

Thames v. Board of Educ. of Chicago

206 Ill. Dec. 440 · Appellate Court of Illinois · Dec 22, 1994

provided to the Board under the Tort Immunity Act. … Clearly, the cases interpreting the unique awareness element of the "special duty” exception provide a narrow interpretation of that requirement.

City of Albany v. South Georgia Rails to Trails, Inc.

Court of Appeals of Georgia · May 6, 2025

IX, § 5, ¶ I (a) (“[N]o such county, municipality, or other political subdivision shall incur any new debt without the assent of a majority of the qualified voters of such county, municipality, or political subdivision voting … App. 156, 158 (863 SE2d 527) (2021) (“Like the Supreme Court of Georgia, this Court will not rule on a constitutional question unless it clearly appears in the record that the trial court distinctly ruled on the point.”

Thome v. Alexander & Louisa Calder Foundation

70 A.D.3d 88 · Appellate Division of the Supreme Court of the State of New York · Dec 1, 2009

Further, defendants Mary Calder Rower, Sandra Calder Davidson, and Shaun Davidson moved to dismiss on the ground that, as noncompensated trustees of a qualified charitable foundation, they are immune from liability. … Qualified Immunity Lastly, the complaint could not proceed in any event against the individual defendants, who are entitled to qualified immunity pursuant to Not-For-Profit Corporation Law § 720-a, in view of the affidavit

Swanson v. McKain

59 Wash. App. 303 · Court of Appeals of Washington · Sep 17, 1990

We conclude from these authorities that the significant factor which establishes an entrant upon real property as a business visitor, for purposes of qualifying that person as *309 an invitee, is whether the entrant was invited … The rationale for the court's imposition of a duty to warn of natural conditions in Tarshis clearly stemmed from the plaintiff's status as an invitee of the hotel.

State v. Christopher Brooks

Court of Appeals of Georgia · May 27, 2025

Georgia case law clearly states that hands and feet can be deadly weapons; consequently, Brooks’ 7 actions could be understood to have been necessary to prevent the commission … Finally, the evidence presented at the hearing established that Hunter was angry and “amped up” during the initial verbal altercation with Brooks; that Hunter was the 8 initial

Cross v. Lakeview Center, Inc.

529 So. 2d 307 · District Court of Appeal of Florida · Jul 14, 1988

Monahan did not qualify as a health care provider as defined in Section 768.59, Florida Statutes. Appellant objected to Dr. … The trial court overruled appellant's objection without specifically ruling whether the predictability of violence was a clearly established field. Dr.

Finderne Management Co. v. Barrett

355 N.J. Super. 197 · New Jersey Superior Court Appellate Division · Nov 20, 2002

Comm'r. of Internal Revenue, 108 T.C. 524 , 1997 WL 328581 (1997), concluded that plans similar to the EPIC Plan did not qualify for favorable *860 tax treatment. … Financial's third-party complaint and Barrett's claim for contribution and indemnification on the grounds that Rossi is immune from suit based on the statutory accountant's immunity established in N.J.S.A. 2A:53A-25.

Scott v. Waits

306 Ga. App. 860 · Court of Appeals of Georgia · Nov 18, 2010

The doctrine of official immunity, also known as qualified immunity, provides “that although a public officer or employee may be held personally liable for his negligent ministerial acts, he may not be held liable for his … The testimony of Cole, the former school resource officer, that “in her opinion” Scott was required to make daily inspections of the gate, is insufficient to establish that Scott’s employer informed him of “clear, definite

Diederich v. Nyack Hospital

49 A.D.3d 491 · Appellate Division of the Supreme Court of the State of New York · Mar 4, 2008

Similarly, as there is a triable issue of fact as to whether Officer McNeill acted with probable cause in arresting the plaintiff, the Supreme Court properly denied summary judgment on the issue of qualified immunity (see … In order to recover damages for malicious prosecution, a plaintiff must establish four elements: that a criminal proceeding was commenced, that it was terminated in favor of the accused, that it lacked probable cause, and

Donath v. Village of Plainfield

2020 IL App (3d) 190762 · Appellate Court of Illinois · Oct 6, 2020

Clearly, our legislature recognized, without affording immunity to local public entities, “public property intended or permitted to be used for recreational purposes” could suffer or become less available … The record also establishes that Fox River Street itself has never been used for recreation.

Shempf v. Chaviano

2019 IL App (1st) 173146 · Appellate Court of Illinois · Jun 28, 2019

The mandamus ruling was clearly a final judgment. … qualifies as a “governmental entity,” the State was not expressly identified in the statute.