Case law

Albert v. The Board of Education of the City of Chicago

2014 IL App (1st) 140532 · Appellate Court of Illinois · Jan 27, 2015

Confusion as to whether the special duty exception can establish a cause of action despite immunities under the Tort Immunity Act is demonstrated by the complicated procedural history of this case and plaintiff … Section 4-102’s complete immunity in this context is well established. - 16 - ¶ 72 Affirmed.

Lucier v. Williams

366 N.J. Super. 485 · New Jersey Superior Court Appellate Division · Feb 13, 2004

The foisting of a contract of this type in this setting on an inexperienced consumer clearly demonstrates a lack of fair dealing by the professional. … This excessively restricted damage allowance, which caps the inspector's exposure at $192.50, effectively immunizes him from the consequences of his own negligence.

State v. Johnson

108 Md. App. 54 · Court of Special Appeals of Maryland · Feb 1, 1996

Even if the State owed a duty to develop such a plan, was the court clearly erroneous in finding the State Hable for negligence under the Maryland Tort Claims Act? … To the extent that the court’s determination was based on fact, it was clearly erroneous.

Markis v. City of Grosse Pointe Park

180 Mich. App. 545 · Michigan Court of Appeals · Oct 16, 1989

The motion should be denied unless the claim is clearly so unenforceable as a matter of law that no factual development could establish the claim and justify recovery. … We believe Officer Konefeke is entitled to immunity under Ross.

Williams v. C-U-Out Bail Bonds

Court of Appeals of Kansas · Aug 18, 2017

The burden of establishing immunity under an exception to the KTCA is on the government entity claiming immunity. Soto v. City of Bonner Springs, 291 Kan. 73, 78, 238 P.3d 278 (2010). … Such a guideline leaves little to no room for individual decision making, exercise of judgment, or use of skill, and qualifies a defendant's actions as ministerial rather than discretionary.

King v. Schaeffer

123 Ga. App. 531 · Court of Appeals of Georgia · Mar 4, 1971

It is perhaps an understatement to say that none of the decisions by our appellate courts in this case can be construed to have established "the law of the case.” … Likewise, the foreword showed clearly that the authority to vary the rules remained solely in the corporation to suspend, modify or cancel in whole or in part the procedure with respect to employment and separation of employees

C.D.L., Inc. v. East Dundee Fire Protection District

252 Ill. App. 3d 835 · Appellate Court of Illinois · Nov 23, 1993

Section 5 — 106 clearly relates to negligent operation, as opposed to the condition, of fire fighting vehicles and/or equipment, which is not at issue here. … To be qualified as an expert, he had to be asked quite extensively about his experiences as a heavy equipment mechanic.

Suzuki v. State

119 Haw. 288 · Hawaii Intermediate Court of Appeals · Dec 4, 2008

Because she could not show that she was qualified for the ACO IV position, Suzuki also failed to establish a prima facie case that she lost her ACO IV position due to race or gender discrimination under HRS § 378-2. … To establish a prima facie case of race or gender discrimination with respect to her removal from the ACO IV position, Suzuki was required to demonstrate that she was qualified for that position. Shoppe v.

Lakeside Condominium "C" Ass'n v. Frediani Developers, Inc.

135 Ill. App. 3d 972 · Appellate Court of Illinois · Aug 22, 1985

Finally, Lakeside alleged that by virtue of the purchase of insurance the village had waived all immunities granted to it under section 2 — 105 of the Local Governmental and Governmental Employees Tort Immunity Act (see Ill … Since this cause was decided on the basis of a failure to establish a common law duty and not on the issue of immunity, the plaintiff’s contention that the Local Governmental and Governmental Employees Tort Immunity Act is

Lingoni v. Hibernia National Bank

2009 La.App. 4 Cir. 0737 · Louisiana Court of Appeal · Mar 3, 2010

R.S. 9:2771 establishes an immunity from liability for the defects of the work constructed by him if he can prove the work was constructed according to the plans and specifications furnished him, since the contractor is not … Clearly, the district court was presented with countervailing affidavits in which the court found credible. Ms.

Neighborhood Centers Inc. v. Doreatha Walker

499 S.W.3d 16 · Court of Appeals of Texas · May 24, 2016

Neighborhood Centers also operates the Promise Community School, an open-enrollment charter school established pursuant to Texas Education Code chapter 12.3 Neighborhood Centers hired Walker, who has a master’s degree … under this chapter has not been clearly and unambiguously waived. 17  We overrule Walker’s sole issue on appeal.

Port Iron & Supply Co. v. Moore

153 S.W.2d 319 · Court of Appeals of Texas · Jun 19, 1941

The receiver thus appointed, after having duly qualified as such, caused himself to be substituted as plaintiff herein. … We have carefully reviewed the evidence adduced and we are not prepared to say that the fact elements necessary and essential to sustain the defense urged by appellant were established conclusively by undisputed testimony

City of Mission v. Enrique Maximus Rodriguez

Texas Court of Appeals, 13th District · Mar 19, 2026

There is simply no evidence in the record that under any test for recklessness the alleged “failure to control speed” would qualify. Id. (citations omitted) (emphasis added). … CONCLUSION We find Rodriguez’s pleading fails to assert facts sufficient to establish a waiver of immunity under both the general waiver of governmental immunity statute and the emergency exception statute.

People v. Harpool

155 Cal. App. 3d 877 · California Court of Appeal · May 15, 1984

I Defendant’s first point of error rests with the grant of immunity given Willie Star. … Additionally, we cannot ignore the fact that the immunity agreement clearly and unambiguously specified that “the testimony given by Mr. Star [at the preliminary hearing] will not be used in any way against Mr.

Lusby v. Cozby

402 S.W.2d 799 · Court of Appeals of Texas · Apr 15, 1966

By four points of error on appeal the appellants present the sole ultimate question: Were the twenty-two persons who were refused the right to vote qualified voters ? … That being true, Coppell must be considered as having adopted the provisions of Article 961 and clearly entitled to exercise the grant of authority contained in Article 973.

Epps v. Duke University, Inc.

116 N.C. App. 305 · Court of Appeals of North Carolina · Sep 6, 1994

App. 98 , 303 S.E.2d 627 (1983), aff’d, 311 N.C. 727 , 319 S.E.2d 145 (1984), Judge Becton clearly stated that a ruling on the merits cannot be made on a motion to dismiss for failure to state a claim. See Wilkes v. … Furthermore, Judge Greene’s order constituted a ruling on the merits: His conclusion that Hjelmstad acted outside the scope of the duties of a medical examiner and that he is not entitled to immunity established Hjelmstad

Kenton County Public Parks Corp. v. Modlin

901 S.W.2d 876 · Court of Appeals of Kentucky · Apr 7, 1995

Kenton County PPC was established in 1966 and since that time has provided recreational facilities for the residents of Kenton County. … The Bems opinion clearly points out that, “the term ‘municipal corporation’ is not limited to a city, and it is not only a city that ‘is no longer immune from suit for tort liability’....” Id. at 331-332 .

State v. Douglas

411 S.C. 307 · Court of Appeals of South Carolina · Dec 23, 2014

There are four elements required by law to establish a case of self-defense: First, the defendant must be without fault in bringing on the difficulty. … As observed by the circuit court, this information established that Smith was facing Respondent when the pistol fired.

Regina Carson v. Blue Cross Blue Shield of Texas, Inc., a Division of Health Care Service Corporation, Anita C. Johnson, Yvonne Sternadel A/K/A Vonnie S., Laura M. McClelland, Lauren Collins Reeser, Jane Cordray, Jason Ramirez, Jennifer Tracey, Christopher Flinn, and Teacher Retirement System of Texas

Texas Court of Appeals, 15th District · Aug 29, 2025

By challenging a governmental unit’s assertion of immunity, a plaintiff generally overcomes a governmental unit’s immunity defense by demonstrating that the Legislature has clearly and unambiguously waived immunity. … Carson argues she established a waiver of immunity through the UDJA and the APA. A.

McRae v. Hogan

317 Ga. App. 813 · Court of Appeals of Georgia · Oct 5, 2012

These claims are *821 racial profiling, negligent supervision, negligent retention, and harassment, and some raise difficult issues and defenses such as supervisor liability, qualified immunity, and sovereign immunity. … City of Miami, 382 F3d 1220 , 1232 (11th Cir. 2004) (“falsifying facts to establish probable cause is patently unconstitutional”).