Case law

Chapin v. City of White Plains

104 A.D.2d 785 · Appellate Division of the Supreme Court of the State of New York · Oct 1, 1984

Questions of fact also must be resolved to determine whether the city is immune from liability. … In addition, to establish the city’s liability, plaintiff must demonstrate that there was a causal connection between the accident and the alleged violation of the applicable statute.

Cline v. Rabson

856 P.2d 1 · Colorado Court of Appeals · Jul 26, 1993

And, in those instances in which the General Assembly has intended a judge to exercise the jury’s factfinding function, that intent has been clearly expressed. … the simple negligence standard of ordinary care and that it is unnecessary, for this purpose, to establish that such a driver was guilty of reckless conduct.

City of Colorado Springs v. Mountain View Electric Ass'n

925 P.2d 1378 · Colorado Court of Appeals · Apr 25, 1996

Thus, for the City to be immune from federal antitrust liability, it need only show that its role in the contract with Mountain View was undertaken pursuant to a clearly articulated state policy. … Thus, we hold that a municipality or cooperative electric association is immune from state antitrust liability when it is shown that the anticompetitive conduct at issue was undertaken pursuant to a clearly articulated state

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

Johnson v. City of Philadelphia

657 A.2d 87 · Commonwealth Court of Pennsylvania · Mar 29, 1995

Additionally, Johnson asserts that retroactive application of Gray is inappropriate because the Supreme Court established a new principle by overruling the Commonwealth Court’s decision in the same case. … However, an entire reading of Ludwin clearly demonstrates that, although the City could be held liable to PATCO under the terms of the lease, the City cannot be held directly liable to an injured party.

Ward v. City of Lebanon

273 S.W.3d 628 · Court of Appeals of Tennessee · Apr 25, 2008

App. 1992), which held that a dangerous or defective condition on a public street, for which immunity is removed in Tenn. … The record establishes that Sissom was qualified to testify as an expert in the field of engineering, and could testify regarding the standards in that industry as they related to the issues in this case.

Perkins v. Howard

232 Cal. App. 3d 708 · California Court of Appeal · Jul 22, 1991

Howard established his entitlement to immunity as a matter of law and affirm. The Evidence On June 2, 1988, appellant underwent elective total hip replacement surgery at Mt. Diablo Medical Center. Dr. … Although he was neither qualified to perform the test nor directly responsible for her treatment, he had a professional and ethical, not to mention a pecuniary, interest in her care.

Francisca Okonkwo, Administrative Law Judge, Texas Department of Insurance, Division of Workers' Compensation, in Her Official Capacity and Fort Bend County v. Joshua David Heiliger, Individually, and on Behalf of the Estate of Lauren Brittane Smith, and on Behalf of Death Benefits Beneficiaries Joshua David Heiliger and Emma Destiny Heiliger

Texas Court of Appeals, 15th District · Jun 13, 2025

facts giving rise to an actual violation to qualify for the statutory waiver of immunity. … Okonkwo’s Sovereign Immunity and other immunities. This leaves Ms. Okonkwo’s Sovereign Immunity (and her other immunities) undefeated and intact, establishing that the Court lacks jurisdiction.

Simpson v. Unemployment Insurance Compensation Appeals Board

187 Cal. App. 3d 342 · California Court of Appeal · Nov 25, 1986

As interpreted by the courts, article IX bestows on the university a general immunity from legislative regulation. … Part 2 of the code as a whole establishes SDI and NDI as distinct systems with no mechanism for reciprocity between them.

Com. v. Hunt, B.

220 A.3d 582 · Superior Court of Pennsylvania · Oct 1, 2019

It is not clear that Bass Pallets qualifies as an “individual” under § 11.103 (and, therefore, as a “direct victim”). … It seems unlikely that Bass Pallets would be able to establish a “loss of earnings” for the purposes of this definition.

Knapp v. City of Dearborn

60 Mich. App. 18 · Michigan Court of Appeals · Mar 25, 1975

from suit by reason of governmental immunity. … Thus, if 'governmental function’ is interpreted to include public hospital services, the Legislature may have established a classification which might not pass constitutional muster.

Texas a & M University v. Bishop, Paul A.

Texas Court of Appeals, 14th District (Houston) · Apr 10, 2003

Because the faculty advisors in this case were clearly not medical professionals, the State contends that their undisputedly non-ministerial actions automatically satisfy the discretionary act element of official immunity … In Kassen , the defendants failed to offer either facts or effective legal arguments to establish a governmental component for their decision.

Becerra v. County of Santa Cruz

81 Cal. Rptr. 2d 165 · California Court of Appeal · Dec 9, 1998

As noted earlier, liability under Government Code section 815.6 is predicated upon an enactment establishing a mandatory duty, and the statute or “enactment” claimed to establish the duty must be identified. (Searcy v. … According to appellant, supervision of Mariana’s placement was not a basic policy decision entitled to immunity, but a mere ministerial duty of carrying out the requirements of policies established at the state level.

State of Texas v. Barbara Oakley, as Guardian of the Estate and Person of Richard Danziger, a Disabled Adult

Texas Court of Appeals, 3rd District (Austin) · Dec 16, 2005

This clearly demonstrates that the legislature intended claims made under this chapter to be personal in nature and limited to the wrongfully imprisoned person. … To widen the legislature’s waiver of immunity and graft more liberal common-law principles onto these statutes flies in the face of established sovereign immunity law.

Ramos v. City of San Antonio

974 S.W.2d 112 · Court of Appeals of Texas · Mar 18, 1998

Standard of Review The general standard for reviewing a motion for summary judgment has been clearly established. … Rather, we conclude that the summary judgment evidence established that Quiroga was not in pursuit. 3.

Montgomery County v. Voorhees

86 Md. App. 294 · Court of Special Appeals of Maryland · Mar 4, 1991

It is well established in this State that the weight of the evidence is a matter for the jury to determine. Rollins Outdoor Advertising, Inc. v. … The verdicts are clearly consistent and supported by the weight of the evidence and, therefore, we affirm the trial court’s denial of the County’s motion for a new trial. C.

City of Fort Worth, Texas v. Harmit Chattha

Texas Court of Appeals, 2nd District (Fort Worth) · Feb 16, 2012

Therefore, we examine whether Officer Byrd has established that he acted in good faith. … In Telthorster, the supreme court set out what is necessary to establish ―good faith‖: To establish good faith, Officer Telthorster must show that a reasonably prudent officer, under the same or similar

Spruill v. Lake Phelps Volunteer Fire Department, Inc.

132 N.C. App. 104 · Court of Appeals of North Carolina · Jan 19, 1999

suppression of the reported fire or to the direction of traffic or enforcement of traffic laws or ordinances at the scene of or in connection with a fire, accident, or other hazard by the department or the fireman unless it is established … The wording of the statute clearly requires a “reported fire” and an act or omission relating to the “suppression” of the “reported fire” before the limitation of liability applies.

Haytasingh v. City of San Diego

California Court of Appeal · Jul 9, 2021

For example, one of the bill’s descriptions provided that “Assembly Bill No. 555, ‘by providing a qualified immunity, would limit a public entity’s duty to keep its land safe for certain recreational users.’ (Sen. … These statutory provisions are simply not similar; section 831.7 clearly provides far broader immunity than Civil Code section 846.11 11 While the immunity in section 831.7 is limited to hazardous recreational activities

Lewis v. Columbus Hospital

1 A.D.2d 444 · Appellate Division of the Supreme Court of the State of New York · May 9, 1956

In the Berg case a qualified laboratory technician employed by the defendant hospital made an error in designating the blood factor of plaintiff in a serological test made in contemplation of a blood transfusion, and as a … Although there is conflicting evidence relating to the detail appearing on the labels, there is no question that the labels clearly indicated the contents of each bottle, and that the word 1 ‘ poison ’ ’ was prominently printed