Case law

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

IGL-Wisconsin Awning, Tent & Trailer Co. v. Milwaukee Air & Water Show, Inc.

185 Wis. 2d 864 · Court of Appeals of Wisconsin · Jun 14, 1994

These findings are not "clearly erroneous," see Rule 805.17(2), STATS, (trial court's findings of fact will not be overturned unless they are clearly erroneous), and support the trial court's conclusion that Greater Milwaukee … Thus, the trial court's finding in this regard is "clearly erroneous."

Mendoza v. Monmouth Recycling Corp.

288 N.J. Super. 240 · New Jersey Superior Court Appellate Division · Mar 7, 1996

The facts surrounding his entry were never really established. Petitioner testified through an interpreter, and his illegal status was apparently regarded by the judge as proved by petitioner's own testimony. … cannot qualify for workers' compensation benefits.

Wasatch Electric v. Labor Commission

460 P.3d 1049 · Court of Appeals of Utah · Feb 13, 2020

“Once a subsection [(9)] claimant has established a qualifying injury, there is a conclusive presumption that the claimant/employee is permanently totally disabled and no further findings are required.” Id. ¶ 12. … We concluded by stating that “the plain language of the statute clearly establishes that total permanent disability benefits awarded pursuant to subsection [(9)] are not subject to, nor controlled by, the claimant/employee

Dean v. Commonwealth, Department of Transportation

718 A.2d 374 · Commonwealth Court of Pennsylvania · Sep 18, 1998

Regarding PennDot’s duty to erect guardrails on the highway, Dean needed to establish PennDot’s negligence. … Summary judgment is appropriate when there is no genuine issue of material fact and the movant clearly establishes its entitlement to judgment as a matter of law. Mason & Dixon Lines, Inc. v.

Snyder v. American Ass'n of Blood Banks

282 N.J. Super. 23 · New Jersey Superior Court Appellate Division · Jun 5, 1995

Clearly, then, the Legislature was aware of the non-immunity holding of Jacobs . It had the option of overruling it entirely. It did not. … She clearly had the discretion to rule differently.

Thomas v. Pagano

108 Pa. Commw. 131 · Commonwealth Court of Pennsylvania · Jul 30, 1987

In holding that appellants had not established a cause of action within the vehicle liability exception to immunity, the trial court relied on the report by the Joint State Government Commission on the recommendations of … On the contrary, the Judicial Code clearly imposes liability where the motor vehicle is operated by a Commonwealth party in possession or control of the vehicle.

Rosaena Resendez v. Texas Commission on Environmental Quality

Texas Court of Appeals, 3rd District (Austin) · Dec 28, 2012

Without such a waiver, sovereign immunity deprives a court of subject-matter jurisdiction. Miranda, 133 S.W.3d at 224. … Thus, in order to qualify for section 554.0035’s limited waiver of immunity, Resendez must plead facts which, if true, establish a violation of section 554.002 of the whistleblower act. See id.

Alden Nursing Center-Lakeland, Inc. v. Patla

250 Ill. Dec. 907 · Appellate Court of Illinois · Oct 23, 2000

The controller testified that each listed patient qualified for public aid from the Department. He knew this by the coding used on the accounts. … The doctrine of sovereign immunity, however, is not about fairness.

Epstein v. State

124 A.D.2d 544 · Appellate Division of the Supreme Court of the State of New York · Nov 3, 1986

The court did not address the issue of whether the State could rely on the doctrine of qualified governmental immunity (Weiss v Fote, 7 NY2d 579 ), even though the State was unable to produce any plans for the initial installation … Having found no basis to hold the State liable for the design, construction or maintenance of the guide rail, we additionally agree with the Court of Claims that the issue of qualified governmental immunity need not be addressed

Toeppe v. City of San Diego

220 Cal. Rptr. 3d 608 · California Court of Appeal, 5th District · Jul 27, 2017

In determining that the path qualified as a trail under section 831.4, the appellate *928 court observed that the path was "designed and used" to bring "a dog to an unleashed area of a dog park[.]" ( Amberger-Warren , supra … This case does not establish that the City is liable for Toeppe's injuries. *933 DISPOSITION The judgment is reversed, and the matter is remanded for further proceedings consistent with this opinion.

Rebecca L. Harris v. James Presson

445 S.W.3d 127 · Missouri Court of Appeals · Oct 7, 2014

Instead, as a matter of law, this appeal may be resolved on the issue of official immunity. Official immunity “connotes not only immunity from judgment but also immunity from suit.” State ex rel. Mo. … “This doctrine was established to protect officers from second-guessing based on hindsight.” Blue v. Harrah’s N. Kansas City, L.L.C., 170 S.W.3d 466, 479 (Mo. App. W.D. 2005).

Relyea v. State

385 So. 2d 1378 · District Court of Appeal of Florida · Jul 23, 1980

They also contend that the directed verdicts were erroneous because their proof established issues of fact for the jury. … immunity.

Senior Care Resources, Inc. v. OAC Senior Living, LLC Andrew Berry & Orson Berry

442 S.W.3d 504 · Texas Court of Appeals, 5th District (Dallas) · Mar 5, 2014

A matter is conclusively established if ordinary minds cannot differ as to the conclusion to be drawn from the evidence. Beesley, 358 S.W.3d at 418. … Black, 392 S.W.3d 88, 95 (Tex. 2012) (noting appellate court not precluded from considering immunity for first time on interlocutory appeal because immunity deprives court of subject matter jurisdiction); Alfonso v.

City of St. Louis v. City of Bridgeton

705 S.W.2d 524 · Missouri Court of Appeals · Dec 17, 1985

Louis is immune from the Bridgeton Zoning Ordinance in all airport related activities because: 1) St. … This provision relates to the establishment of a new airport in a new location, not the operation of an existing one, and we find it inapplicable here.

Texas General Land Office and Texas Commission on Environmental Quality // Crystal Clear Water Supply Corporation v. Crystal Clear Water Supply Corporation // Texas General Land Office and Texas Commission on Environmental Quality

Texas Court of Appeals, 3rd District (Austin) · Aug 22, 2014

Crystal Clear asserts that the tracts comprising the 151 acres are clearly receiving water service and that if that acreage and the Decertified Property were treated as a single tract, none of the GLO’s property would qualify … If it was not, then the property qualified for expedited decertification under section 13.254(a-5).

Palandro v. Board of Supervisors

2009 La.App. 1 Cir. 1203 · Louisiana Court of Appeal · Apr 28, 2010

YoA-Alden, the Board asserts that Louisiana Constitution, Article XII, Section 10(A)’s waiver of | immunity in contract suits is not sufficient to establish Louisiana’s explicit consent to a suit seeking to enforce FLSA provisions … In deciding Alden , the Supreme Court noted that the Alden plaintiffs did not attempt to establish waiver of immunity under Maine’s legislative standard. Alden, 527 U.S. at 758 , 119 S.Ct. 2240 .

LaCroix v. State ex rel. Department of Transportation

477 So. 2d 1246 · Louisiana Court of Appeal · Oct 10, 1985

However, the extent of its right of way in this area is not established in the record. … Clearly, this accident took place in a rural setting. Because of this site’s popularity, we believe it warrants being termed a recreational area. Members of the general public swam in this creek without charge.

Kleinke v. City of Ocean City

163 N.J. Super. 424 · New Jersey Superior Court Appellate Division · Oct 24, 1978

sections and there are no exceptions in the statute which preclude such immunity. … The statute clearly applies to the physical condition of the premises itself, not to the super imposition of an artificially created hazard thereon.

Caleb Moore and the Law Firm of Caleb Moore, PLLC v. Anson Financial, Inc.

Texas Court of Appeals, 2nd District (Fort Worth) · Mar 19, 2020

Moore asserts that he established all things necessary to prevail on the motion, including the applicability of the TCPA and a defense—attorney immunity—to Anson’s action. … Even operating under this assumption, we nevertheless hold that Moore is entitled to dismissal because he established the defense of attorney immunity. See id.