Case law

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.

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.

McNeal v. City of Easton

143 Pa. Commw. 151 · Commonwealth Court of Pennsylvania · Oct 22, 1991

Those examples collectively stand for the proposition that “liability clearly does not extend to mere insults, indignities, threats, [or] annoyances.” … We further note that employees of local agencies enjoy no immunity for their intentional torts.

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.

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.

Dzierba v. City of Michigan City

798 N.E.2d 463 · Indiana Court of Appeals · Nov 10, 2003

Courts decide as a matter of law whether the ITCA confers immunity in a particular circumstance. Catt v. Board of Com'rs of Knox County, 779 N.E.2d 1 . The party seeking immunity bears the burden of establishing it. Id. … Clearly, in Garner, the natural condition of the waters of Lake Michigan was the "condition" referred to in I.C. § 34-18-8-8(1).

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.

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.

Sablic v. Croatia Line

315 N.J. Super. 499 · New Jersey Superior Court Appellate Division · Oct 23, 1998

However, we affirm the motion court's ruling that the Federal Sovereign Immunity Act immunizes Croatia Line from having to respond to Sablic's claims in our courts. … The Federal Sovereign Immunity Act does not define "ownership interest."

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

Eastham v. Arndt

28 Wash. App. 524 · Court of Appeals of Washington · Mar 2, 1981

The witness is not exonerated from answering merely because he declares that in so doing he would incriminate himself—his say-so does not of itself establish the hazard of incrimination. … Ct. 438 , 19 A.L.R.2d 378 ] (1951), and to require him to answer if "it clearly appears to the court that he is mistaken." Temple v. Commonwealth, 75 Va. 892, 899 (1881).

Aetna Casualty & Surety Co. v. James J. Benes & Associates, Inc.

229 Ill. App. 3d 413 · Appellate Court of Illinois · May 28, 1992

Act, any defenses or immunities therein provided.” … conferred by the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (Ill.

McAndrew v. School Committee of Cambridge

20 Mass. App. Ct. 356 · Massachusetts Appeals Court · Jul 11, 1985

contrary, in the pressing circumstances of the last days of August, 1980, the directors as agents of the defendants were well within their duties in doing what they could to obtain, subject to the necessary approvals, the most qualified … L. c. 71, § 38, were not applied to substitute teachers related to “day to day” substitutes and not to “extended term substitutes.” 6 “The separate reasons why the rule of immunity was established for the municipality, on

Ex parte Alabama Medical Cannabis Commission (In re: Alabama Always, LLC v. Alabama Medical Cannabis Commission)(Montgomery Circuit Court: CV-23-231).

Court of Civil Appeals of Alabama · Jun 21, 2024

The Act establishes the AMCC as a state agency with the primary responsibility for awarding and issuing licenses relating to the production of medical cannabis within Alabama. See Ala. … The sovereign immunity established in § 14 extends to the arms and agencies of the state, see Ex parte Tuscaloosa Cnty., 796 So. 2d 1100, 1103 (Ala. 2000), and "affords the State and its agencies an 'absolute' immunity

State v. Louis

93 La.App. 3 Cir. 1201 · Louisiana Court of Appeal · Mar 2, 1994

Lewis involved aspects of both transactional or equitable immunity and use immunity. … Applying both the Caminita and Lems tests for equitable immunity, we find the record does not clearly establish whether defendant performed his side of the bargain, nor that defendant relied to his detriment on the agreement

City of Alamo, Texas and Alamo Economic Development Corporation v. Heriberto Osuna

Texas Court of Appeals, 13th District · Nov 20, 2014

Here, we have not found a statute wherein the legislature has clearly waived appellant’s immunity from unlawful lockout suits. … & Akin to establish, or at least raise a fact issue on, a waiver of immunity.”).

Jones v. Rudolph

Court of Appeals of Tennessee · Nov 14, 1997

. § 28-1-105) is inapplicable to an action against the State because of sovereign immunity. 2. … The March 3, 1995, dismissal of case number 94-864-I was an “adjudication on the merits” and therefore did not qualify as a “judgment or decree against the plaintiff upon any ground not concluding his right of action,”