Case law

Nerac, Inc. v. Meehan

44 Conn. Super. Ct. 328 · Connecticut Superior Court · Jan 27, 1995

NASA originally established it at the University of Connecticut in 1967. … It explained that: “Although there is no simple test for ascertaining whether an institution is so closely related to governmental activity as to become a tax-immune instrumentality, the Red Cross is clearly such an instrumentality

Hicks v. Board of Education for School District 189

77 Ill. App. 3d 974 · Appellate Court of Illinois · Oct 11, 1979

Moreover, section 2 — 102 of the Local Governmental and Governmental Employees Tort Immunity Act (Ill. Rev. … Stat. 1977, ch. 85, par. 2 — 102) specifically immunizes local public entities, here the school district, from liability for the payment of punitive or exemplary damages.

Palmer v. Zulu Social Aid & Pleasure Club, Inc.

2009 La.App. 4 Cir. 0751 · Louisiana Court of Appeal · Mar 1, 2010

Lee, infra, for the contention that immunity does not attach to the appellees, Brown is *139 clearly distinguishable in that Ms. Brown suffered a severe injury of her eye socket. … The Palmers clearly have not met their burden in establishing that they can defeat the motion for summary judgment.

Thomas v. Lehman

158 P.3d 86 · Court of Appeals of Washington · May 15, 2007

Clearly, the Legislature did not intend inmates to have unfettered, immediate access to their wages during their incarceration. C. … Neither absolute nor qualified immunity extends to § 1983 suits for declaratory relief such as this one. See, e.g., Orellana v.

Bay, Inc. v. Ramos

139 S.W.3d 322 · Texas Court of Appeals, 4th District (San Antonio) · Jun 24, 2004

We can find the evidence factually insufficient only if we conclude the finding is so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust. Id. … We will sustain the issue if the contrary proposition is conclusively established. Id.

State v. Iorg

147 Utah Adv. Rep. 46 · Court of Appeals of Utah · Nov 14, 1990

Rammel, 721 P.2d 498 (Utah 1986), the defendant on appeal challenged admission of the testimony of a detective that “he did not consider it unusual for [a witness, who had been granted immunity] to lie to him when [the witness … Nor was there any evidence that [the detective’s] experience uniquely qualified him as an expert.”

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 "

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

Kohler v. Rockwell International Corp.

600 S.W.2d 647 · Missouri Court of Appeals · Jun 9, 1980

The reason for the doctrine announced in the Hewlett case is stated, “ ‘to permit a child to maintain an action in tort against the parent is to introduce discord and contention where the laws of nature have established peace … But the third party petition was clearly ruled upon the basis that it failed to state a claim because of the parental immunity doctrine.

Agustin Mendez Lopez v. Bellamare Development, LLC

Court of Appeals of Mississippi · Aug 13, 2019

Does section 11-1-66 immunity apply? ¶11. … condition,” section 11-1-66 immunity applied

Bowen v. State Board of Social Welfare

55 A.D.2d 235 · Appellate Division of the Supreme Court of the State of New York · Dec 20, 1976

The State has relinquished some of its immunity and thus, by consent, it has permitted suits against itself. … Whether this will automatically extend to a municipality is not clearly discernible (see Survey of New York Practice, 50 St John’s L Rev 575, 616). .

Wilson v. Sponable

81 A.D.2d 1 · Appellate Division of the Supreme Court of the State of New York · May 27, 1981

Decisional law dealing with mental patients and pris *8 oners clearly establishes that the State has a duty of supervision with respect to suicidal persons in its care and custody. … This observation refutes plaintiffs’ contention and establishes that the extent of public services for the care of suicidal prisoners is limited by the resources of the community.

Texas Educ. Agency v. Leeper, Worth 1991)

843 S.W.2d 41 · Court of Appeals of Texas · Nov 27, 1991

They point out that an independent school district has been declared to be an agency of the state, and as such, it is immune from liability in a suit sounding in tort, except for the limited waiver of immunity granted by … Requiring them to pay attorneys’ fees clearly amounted to an abuse of discretion.

Seder v. City of Fort Collins

1999 Colo. J. C.A.R. 1833 · Colorado Court of Appeals · Apr 1, 1999

The trial court granted the City’s motion finding that plaintiff had failed to establish that the City’s immunity was waived under any of the three provisions relied upon by plaintiff. … As to whether the City’s immunity was waived under § 24-10-106(l)(d)(III), the *906 court found that plaintiff had failed to establish that the City had actual notice that there had been a problem with ice on the sidewalk

City of Houston v. Williams

183 S.W.3d 409 · Texas Court of Appeals, 14th District (Houston) · Jan 19, 2006

Looal Gov’t Code § 51.075 This court’s opinion in Clear Channel compels us to hold that this language clearly and unambiguously waives the City’s immunity from suit. See 161 S.W.3d at 8 ; Goerlitz v. … First, there is no statutory requirement that the fire fighter actually perform the specialized function during any particular shift to qualify for assignment pay.

Spencer v. City of Chicago

192 Ill. App. 3d 150 · Appellate Court of Illinois · Dec 8, 1989

Act (Tort Immunity Act) (Ill. … The Illinois Tort Immunity Act (Ill. Rev.

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 .

Blanca Nieto v. Permian Basin Community Centers for MHMR

Texas Court of Appeals, 11th District (Eastland) · Jan 30, 2014

Specifically, Nieto told Carroll that she and another employee had been instructed to backdate the date of service for a consumer so that the consumer would qualify for a rehabilitation bed through MHMR; that the director … A plea to the jurisdiction is the proper vehicle for a governmental entity, such as PBCC, to assert immunity. Miranda, 133 S.W.3d at 225–26. The burden is on the plaintiff to establish that immunity has been waived.

Mega Child Care, Inc. v. Texas Department of Protective & Regulatory Services

29 S.W.3d 303 · Texas Court of Appeals, 14th District (Houston) · Sep 28, 2000

The proponent must establish that the expert has knowledge, skill, experience, training, or education regarding the specific issue before the trial court which would qualify the expert to give an opinion on that particular … She has not been qualified under Daubert as an expert to give an opinion on a matter of law or establish that she has the ability or the training or expertise to give an opinion on a matter of law. She's not a lawyer.

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.