Case law

ROBERT JAMES O'BRIEN v. KIRK RUSSELL & Others.

Massachusetts Appeals Court · Aug 14, 2024

In ruling on the motion, the judge concluded that Russell and Dwelly were entitled to qualified immunity. … O'Brien first claims that the judge erred by concluding that Russell and Dwelly were entitled to qualified immunity.

Campbell v. Massucci

190 Ohio App. 3d 718 · Ohio Court of Appeals · Aug 27, 2010

In a situation where a municipal employee responding to a fire or other qualified emergency commits a minor *729 traffic violation, the conduct of the employee may amount to negligence, yet statutory immunity would still … may be asserted to establish nonliability: {¶ 76} “ * * * {¶ 77} “(2) The political subdivision is immune from liability if the conduct of the employee involved, other than negligent conduct, that gave rise to the claim

Scruby v. Waugh

476 N.E.2d 533 · Indiana Court of Appeals · Apr 18, 1985

Scruby, establishes that he was not a patient within the meaning of the Act. We do not agree. Rather, we determine that Waugh was a patient of Dr. … Bo-naventura on Detterline’s behalf, Detter-line qualified as a “patient” of Dr. Bona-ventura as the term is defined in 16-9.5-1 — 1(c).

Stuart v. Crestview Mutual Water Co.

34 Cal. App. 3d 802 · California Court of Appeal · Oct 25, 1973

While these allegations may, perhaps, point up the injustice of the established immunity of water companies, they really amount to nothing more than a specific pleading of negligence. … Even if water company immunity for common law negligence is subject to an exception based on violation of a statute or local ordinance, clearly a resolution to publish a “Water Works Manual” at some time in the future, does

Harris County v. Going

896 S.W.2d 305 · Texas Court of Appeals, 1st District (Houston) · Apr 13, 1995

Gary Jones to qualify with his service pistol as required by our rules (#30) and Constable Douglas’ rules. … Patrolman Going failed to qualify by not taking the required test in 1987 and violat *308 ed rules #4, 17E and 27E of the Park Police rules dated August 17, 1984.

McKendrick v. Petrucci

71 Mich. App. 200 · Michigan Court of Appeals · Sep 8, 1976

Plaintiff, pointing out that the section sets up two classes, one immune from most tort liability and the other not, claims that he, as a victim of injuries caused by a member of the class granted immunity, is subjected to … Plaintiff, as an automobile accident victim, might find his ability to maintain an action qualified by the immunity granted by the statute.

Stroud v. Harrison

131 N.C. App. 480 · Court of Appeals of North Carolina · Dec 1, 1998

They also contend that the complaint is barred by the doctrines of sovereign immunity, judicial immunity, qualified immunity and the statute of limitations. … “When Congress has not established a time limitation for a federal cause of action, the settled practice has been to adopt a local time limitation as federal law if it is not inconsistent with federal law or policy to do

Willie L Faison v. City of Highland Park Michigan

Michigan Court of Appeals · Feb 17, 2026

proposition” and that plaintiff had clearly pleaded the essential elements of a promissory-estoppel claim rather than a negligence claim. … We agree with the trial court, however, that defendant cannot avail itself of such immunity here.

Estate of Fleenor v. Ottawa Cty.

2021 Ohio 2251 · Ohio Court of Appeals · Jun 30, 2021

may be asserted to establish nonliability * * *”: 12. … Causation {¶ 55} Riverview insists that even if its immunity defense fails, it is nonetheless entitled to summary judgment because the estate is unable to establish causation.

Riley v. Southwest Marine, Inc.

203 Cal. App. 3d 1242 · California Court of Appeal · Jul 28, 1988

The issue before the Supreme Court was whether the general contractor which was not a borrowing or de facto employer qualified for tort immunity as an “employer” under sections 904(a) and 905(a) of the LHWCA solely because … The court held “Mobil’s naked allegation that it is a general contractor is clearly an insufficient basis upon which to afford it tort immunity under the Act.” (Id. at p. 446.)

Banchs v. Coughlin

168 A.D.2d 711 · Appellate Division of the Supreme Court of the State of New York · Dec 6, 1990

The parties do not dispute that petitioners substantially prevailed in this proceeding and that the records were of clearly significant interest to the general public. … immunity.

Tyler Dix, Jason Cattell, Jimmy McCann, and Julie Eller v. Casey's General Stores, Inc. and Casey's Marketing Company

Court of Appeals of Iowa · Jan 9, 2020

But the statute affords an employer immunity from a cause of action if the employer acts in good faith following a positive test if the employer “has established a policy and 1 Another provision of the statute permits … Employer Immunity Clause We start by interpreting the immunity clause. It provides: Employer immunity.

Aspire Power Ventures, LP v. Public Utility Commission of Texas, Electric Reliability Council of Texas, Thomas Gleeson, Lori Cobos, Jimmy Glotfelty, Kathleen Jackson, and Courtney Hjaltman

Texas Court of Appeals, 15th District · Dec 18, 2024

This appeal turns on novel questions about (1) the Texas Legislature’s waiver of sovereign or governmental immunity for challenges to the validity of rules, like those establishing and amending ECRS, promulgated by an … About Aspire Power Ventures Aspire is a Market Participant—specifically, a Qualified Scheduling Entity (“QSE”)—that operates in several markets administered by ERCOT.

City of Houston v. Christopher A. Rhule

377 S.W.3d 734 · Texas Court of Appeals, 1st District (Houston) · Jun 7, 2012

-Houston [1st Dist.] 2008, pet. denied) (holding pleadings alleged sufficient facts to establish waiver of immunity from suit and to defeat plea to jurisdiction and declining to determine plaintiffs damage claim through plea … We conclude that Rhule established that the City waived its immunity from suit on his claim for breach of the Settlement Agreement and that the City is liable for damages on Rhule’s claims like any private person.

Knox County Tuberculosis Sanitarium, Inc. v. Moss

5 Tenn. App. 589 · Court of Appeals of Tennessee · Jun 25, 1927

It does not appear clearly whether the guest asked to ride in the truck, or the driver asked him to ride with him, but, as stated, there is no question raised but what the institution was entertaining this guest upon its … Charities in this State are given immunity from liability growing out of their negligent acts upon the trust fund theory, which is a doctrine well established in this State.

Cleary v. Catholic Diocese

10 Ill. App. 3d 224 · Appellate Court of Illinois · Feb 26, 1973

It was determined that the statutory immunity of the Park District was unconstitutional as a grant of special immunity in violation of the constitutional provision. In Lorton v. … The constitutionality of a statute of limitations of one year is to be examined in the light that the Legislature has established a classification and that the court will not interfere unless such classification is without

Nexus v. Swift

785 N.W.2d 771 · Court of Appeals of Minnesota · Jul 20, 2010

Cole, 561 N.W.2d 143, 147-48 (Minn.1997) (absolute privilege); Jadwin, 367 N.W.2d at 481 (qualified privilege). The burden of persuasion on whether the privilege applies is upon the party claiming the defense. … Common-law malice, which applies to qualified privilege cases, *784 requires only a showing of ill will or improper motive. Moreno v. Crookston Times Printing Co., 610 N.W.2d 321, 328 (Minn.2000).

Green v. Chicago Board of Education

Appellate Court of Illinois · Feb 22, 2011

Section 4-102 of the Act states, in relevant part: “Neither a local public entity nor a public employee is liable for failure to establish a police department or otherwise provide police … Section 4-102 of the Act does not contain the same qualifying language as section 3-108 of the Act.

Central Advertising Co. v. City of Novi

91 Mich. App. 303 · Michigan Court of Appeals · Jul 10, 1979

The statute speaks of immunity for "governmental functions,” and this court is of the opinion that while it may be an appropriate goal or objective of government to establish a hospital authority, it does not follow that … However, since Monell expressly avoided the immunity question and we need not address it, we rest our decision on other grounds. 5 While the Supreme Court’s dismissals may or may not conclusively establish that an ordinance

First Lehigh Bank v. Cowen

700 A.2d 498 · Superior Court of Pennsylvania · Sep 4, 1997

Thus, there exists a presumptively qualified privilege under the fair report rule. Once the existence of the privilege is established, the burden then shifts to the plaintiff to establish an abuse of that privilege. Id. … While it is true that a newspaper can forfeit its conditional privilege by failing to clearly state that the allegations of the complaint were simply unproven allegations and not established facts, Oweida, supra, at 130 ,