Case law

Traylor v. Shell Oil Co.

400 So. 2d 342 · Louisiana Court of Appeal · Jun 3, 1981

This court did not clearly consider the issue now raised. … The Code of Civil Procedure clearly provides that a person against whom a motion for summary judgment is filed may not rely on his pleadings but must establish by affidavit or other evidence that a genuine issue of fact exists

Department of Transp. v. Webb

409 So. 2d 1061 · District Court of Appeal of Florida · Nov 17, 1981

Clearly, if the interplay between comparative negligence and the contribution statute was workable in 1975, it is even more workable now. … Finally, the Department of Transportation contends it should have been declared immune from tort liability in this case because the installation of warning devices *1064 and the establishment of an adequate line of sight

Consumer Service Alliance of Texas, Inc. v. City of Dallas, Texas

433 S.W.3d 796 · Texas Court of Appeals, 5th District (Dallas) · May 23, 2014

waiver of governmental immunity from suit. … City of Austin is clearly distinguishable from this case.

Dustin Rowland v. City of Detroit

Michigan Court of Appeals · Sep 12, 2025

Plaintiff herein has sufficiently established the existence of a factual dispute. Plaintiff has sufficiently established a prima facia [sic] case of ordinary negligence. … But that immunity applies only “[e]xcept as otherwise provided in this act.” Id.

May v. WOLVERINE TRACTOR AND EQUIPMENT CO.

107 Mich. App. 163 · Michigan Court of Appeals · Jun 16, 1981

Here, the Legislature has established three statutory exceptions to the general grant of immunity, imposing liability in cases involving defective highways, negligently operated government vehicles and dangerous or defective … The company’s claim for *172 indemnification is so clearly unenforceable as a matter of law that no factual development could possibly justify recovery.

Wal-Mart Stores, Inc. v. Lane

31 S.W.3d 282 · Texas Court of Appeals, 13th District · Nov 9, 2000

As a result Sanders was absolutely immune with respect to his testimony before the TEC. … In order to successfully assert a claim of retaliatory discharge the plaintiff must first establish by a preponderance of the evidence a prima facie case of discrimination which when established gives rise to a presumption

Dobransky, E. v. EQT Production

273 A.3d 1133 · Superior Court of Pennsylvania · Apr 11, 2022

The certified record clearly indicates that at Scotts Run HESI was responsible for “mud services” which included, inter alia, maintaining an inventory of barite. … Accordingly, EQT is similarly entitled to statutory employer immunity under Section 302(a)(2).

Andrea Arnold v. Randy Addison

Texas Court of Appeals, 5th District (Dallas) · Dec 17, 2021

At the time, the Association was governed by a Declaration of Covenants, Conditions, and Restrictions established in 1995 (1995 DCCRs) and bylaws established in 2004 (2004 Bylaws). … not move for summary judgment on and did not present evidence conclusively establishing their immunity defense.

Stubbs v. Mitchell

65 Ohio Law. Abs. 204 · Ohio Court of Appeals · Mar 13, 1952

Immunization. … Such interference with the natural right of acquisition and enjoyment guaranteed by the constitution, can only be justified when public necessity clearly demands it.

Silverman v. Clark

35 A.D.3d 1 · Appellate Division of the Supreme Court of the State of New York · Sep 26, 2006

It is well established that even if a statement is defamatory, a qualified privilege exists where the communication is made to persons who share a common interest in the subject matter (Foster v Churchill, 87 NY2d 744, 751 … Accordingly, we hold that no qualified privilege exists as a matter of law.

Cox v. State

844 S.W.2d 173 · Court of Appeals of Tennessee · Jul 24, 1992

Discretionary Function Immunity Claimant argues that the acts complained of are not discretionary functions. … assert this common law immunity.”

Lorenzo Forge v. Nueces County, Texas and Jim Kaelin, Sheriff, Nueces County, Texas

Texas Court of Appeals, 13th District · Aug 31, 2011

We believe that the legislative intent for the amendment clearly centers on the relationship between the waiver of sovereign immunity and the "certain steps" required by various statutes to "take advantage of that waiver … Green Scaping. 301 S.W.3d at 877 ("Clearly section 311.034 applies to waivers of sovereign immunity. However, the presentment language of section 89.004(a) does not waive immunity from suit." (citations omitted)).

State Ex Rel. Abbott v. Young

265 S.W.3d 697 · Texas Court of Appeals, 3rd District (Austin) · Sep 16, 2008

As the plaintiff attempting to sue the State, Young had the burden of affirmatively establishing that his claim fell within chapter 103’s sovereign-immunity waiver. Id. … Furthermore, by restricting the waiver to a claimant who “has been granted relief on the basis of actual innocence for the crime,” as opposed to a formulation like “is actually innocent ...,” the legislature clearly contemplated

Marlowe v. Piner

119 N.C. App. 125 · Court of Appeals of North Carolina · Jun 6, 1995

If the facts are admitted or established, it is a question of law for the court. Id. However, if the facts are in dispute, the question of probable cause is one of fact for the jury. Id. … Hefner, 235 N.C. 1, 7 , 68 S.E.2d 783, 787-88 (1952) (qualified immunity for public officer sued in individual capacity does not extend to mere employee of governmental entity).

Campbell v. White

207 Ill. App. 3d 541 · Appellate Court of Illinois · Jan 23, 1991

As plaintiffs’ decedent and James Miller traveled eastward on Interstate 72, they did so at speeds well in excess of the established limit of fifty-five (55) miles per hour. … A police officer driving in hot pursuit of a violator of the law is clearly exercising a uniquely governmental function. In Robb v. Sutton (1986), 147 Ill.

McIntosh v. De Filippo

281 N.J. Super. 171 · New Jersey Superior Court Appellate Division · Apr 21, 1995

Our Workers' Compensation Act, N.J.S.A. 34:15-1 et seq., establishes a no-fault compensation system for employees who are injured while working for their employer. … If they were, De Filippo would be immune from suit by virtue of the fellow-employee tort immunity provided by N.J.S.A. 34:15-8, as the trial court found.

Lovey v. Escambia County

141 So. 2d 761 · District Court of Appeal of Florida · Jun 5, 1962

It appears on an official map of the county made in 1941, and is clearly revealed by aerial photographs made in 1951 and 1958. … If there is any choice, based on principle, between the right of the sovereign's successor in interest to assert the sovereign's immunity to a statute of limitations and the right to assert the sovereign's immunity against

Fogel v. Health

2026 NY Slip Op 01907 · Appellate Division of the Supreme Court of the State of New York · Mar 27, 2026

A hospital's bylaws are not a contract entitling staff members to sue for relief in the event of failure to comply with the bylaws unless the bylaws clearly delineate such a right ( see Mason v Central Suffolk Hosp ., 3 NY3d … Here, based on the allegations of the complaint, liberally construed, we conclude that Kaleida failed to establish, on this CPLR 3211 motion, that it is entitled to immunity.

Laabs v. City of Victorville

163 Cal. App. 4th 1242 · California Court of Appeal · Jul 7, 2008

bears the burden of establishing each of the three elements of the loss of the immunity. … The City argues that it established each element of design immunity and, therefore, “because [it] is clearly immune from liability, [plaintiff’s] pursuit of her claims was unreasonable as a matter of law.”

DARRICK WASHINGTON v. BLACK LAWYERS FOR JUSTICE

District Court of Appeal of Florida · May 4, 2022

immunity. … They thus contended the deputy would have been entitled to qualified immunity and “there is no likelihood that Washington would have succeeded [on the merits] in the federal court lawsuit [they had drafted and endeavored