Case law

Darville v. Texaco, Inc.

442 So. 2d 1246 · Louisiana Court of Appeal · Dec 8, 1983

Darville and her children are limited to workmen's compensation benefits unless they can qualify under R.S. 23:1032. … Tortorich, 397 So.2d 475 (La.1981), stated, regarding R.S. 23:1032, that the "... principal legislative aim ... was to broaden the class of defendants to be granted immunity from suits by injured employees in tort ..."

Dennewitz v. State Farm Mut. Automobile Ins. Co.

2025 Ohio 782 · Ohio Court of Appeals · Mar 3, 2025

Coverage under this policy; (3) the insuring company denies coverage or is or becomes insolvent; (4) the owner or operator has diplomatic immunity … ROSS, 24CA13 23 {¶42} Appellant additionally asserts that R.C. 3937.18(C) establishes that she is an “insured” under appellee’s policy.

Southeastern Pennsylvania Transportation Authority v. Union Switch & Signal, Inc.

161 Pa. Commw. 400 · Commonwealth Court of Pennsylvania · Jan 14, 1994

It stated: Clearly, PAT may claim sovereign immunity if it is a “commonwealth party.” A “commonwealth party” is defined in 42 Pa.C.S. § 8501 as “[a] Commonwealth agency and an employee thereof ...” … The Board of Claims was established by the General Assembly to hear contract claims brought against the state.

Welch v. State

148 S.W.2d 876 · Court of Appeals of Texas · Feb 22, 1941

Although the Legislature is authorized to waive the State’s immunity from such liability, its intention to do so should appear by clear and unambiguous language. … We think the Constitution clearly indicates the meaning that should be given the phrase “municipal corporation” when employed in legislation.

University of Texas at Arlington v. Bishop

997 S.W.2d 350 · Court of Appeals of Texas · Aug 19, 1999

APPORTIONMENT OF ATTORNEY’S FEES In point one, UTA contends the legislature has not clearly and unambiguously waived the immunity of state agencies for suits apportioning attorney’s fees in third-party actions. … UTA made Mvolous arguments for reversal of existing law and the establishment of new law. 14.

Kearns v. Meigs Cty. Emergency Med. Servs.

2017 Ohio 1354 · Ohio Court of Appeals · Apr 5, 2017

established no passing zone. … R.C. 2744.03(A) prescribes defenses or immunities that an employee of a political subdivision may assert to establish nonliability in a civil action for damages allegedly caused by an act or omission in connection with

Morway v. Durkin, 07-Ma-189 (2-23-2009)

2009 Ohio 932 · Ohio Court of Appeals · Feb 23, 2009

The court noted that "the Ohio legislature clearly provided for waiver of federal causes of action, as well as causes of action based upon state law." … Harmony (C.A.6, 1995), 65 F.3d 1314 , 1318 (R.C. 2743.02 [A][1] clearly provides for waiver of federal causes of action). {¶ 38} In sum, by taking the state's offer of waiver of sovereign immunity and suing in the Court of

Greenview Local School Dist. Bd. of Edn. v. Staffco Constr., Inc.

2016 Ohio 7321 · Ohio Court of Appeals · Oct 14, 2016

Assn. (1990), 54 Ohio St.3d 1, 3, 560 N.E.2d 206. “ ‘[T]he well-established general rule is that a plaintiff who has suffered only economic loss due to another's negligence has not been injured in a manner … We also note that the cases relied upon by Staffco to support its conclusion that the “property” as used in R.C. 2744.02(B)(4) includes purely economic loss are clearly distinguishable. In Hinkle v.

Debruhl v. Mecklenburg Cnty. Sheriff's Office

259 N.C. App. 50 · Court of Appeals of North Carolina · Apr 17, 2018

Man being what he is cannot safely be trusted with complete immunity from outward responsibility in depriving others of their rights. . . . … The State is not “immune from the historic requirements of fairness - 16 -  DEBRUHL V.

Vare Bros. v. Commonwealth

43 Pa. Commw. 582 · Commonwealth Court of Pennsylvania · Jun 28, 1979

Defendant established that a settlement had been made in the third party action for the gross amount of $60,000.00. 4. … In the instant case the employer has clearly failed to meet its burden.

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).

Thiele v. City of Phoenix

232 Ariz. 40 · Court of Appeals of Arizona · Apr 2, 2013

The trial court may consider only those expenses that qualify as costs under statute. See Sweis v. … Thiele’s constitutional argument on appeal focuses primarily on the Equal Privileges and Immunities Clause of the Arizona Constitution.

Cardinal v. Santee Pita, Inc.

234 Cal. App. 3d 1676 · California Court of Appeal · Oct 10, 1991

At the same time this "sweeping civil immunity" ( Strang v. … Because the mentally infirm, incompetent or retarded range from those whose disability is not immediately evident to those requiring constant care, we leave it to the Legislature, guided by qualified professionals, to determine

GEORGIA DIVISON, SONS OF CONFEDERATE VETERANS, INC. v. BRYAN A. DOWNS, IN HIS OFFICAL CAPACITY AS CITY ATTORNEY OF THE CITY OF DECATUR

Court of Appeals of Georgia · Feb 23, 2024

In Sons of Confederate Veterans II, the Supreme Court addressed what it identified as “a discrete and important threshold question: whether the Georgia Constitution requires a plaintiff to establish some cognizable injury … immunity are not favored.”

Gregory Allen Marlowe v. Southwest Virginia Regional Jail Authority

Court of Appeals of Virginia · Jul 30, 2024

[Bing] was clearly confined.” … The Security Center is clearly such a facility, and it was there that she was clearly confined. 283 Va. at 387.

Harnish v. Smith

138 Cal. App. 2d 307 · California Court of Appeal · Jan 5, 1956

They contend that this absolute privilege is qualified to this extent and cite 16 Cal.Jur. page 66, section 37, which cites Carpenter v. Ashley, 148 Cal. 422 [ 83 P. 444 , 7 Ann.Cas. 601] ; and Gosewisch v. … Plaintiffs’ final contention that a stranger to the controversy or subject matter lifts the immunity provided by section 47, subdivision 2 of the Civil Code from the maker of alleged defamatory statements, is without merit

State v. AUGUSTIN M.

133 N.M. 636 · New Mexico Court of Appeals · Apr 21, 2003

Forsyth, 472 U.S. 511, 530 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985) (holding that a denial of qualified immunity on a § 1983 claim is final and appeal-able under the collateral order doctrine). … Our Supreme Court addressed the question whether it had jurisdiction to immediately review the order denying qualified immunity. Carrillo, 114 N.M. at 612-13 , 845 P.2d at 135-36 .

Cuellar v. City of San Antonio

821 S.W.2d 250 · Texas Court of Appeals, 4th District (San Antonio) · Oct 9, 1991

We will, therefore, not address the issue of immunity which everyone agrees is now irrelevant. … prior judgment and pleading of *257 the prior suit, and failed to establish that the judgment was final.

Caillouette Ex Rel. Estate of Caillouette v. Hercules, Inc.

113 N.M. 492 · New Mexico Court of Appeals · Jan 17, 1992

Plaintiff primarily relies on Section 74-4B-5(1) to establish a deprivation of statutory right by a law enforcement officer resulting in injury, for which Section 41-4-12 waives immunity, and (2) as evidence of supervisory … The harm immediately resulting in death was clearly an accident rather than a battery.

Brown v. Miami-Dade County

837 So. 2d 414 · District Court of Appeal of Florida · Jan 28, 2003

Failing to establish a safe perimeter around the ongoing police operation; b. … These activities were part of the discretionary function leading up to the making of the undercover arrest, and qualify for exemption under the sovereign immunity doctrine. The panel relied on City of Pinellas Park v.