Case law

James Hill, et ux v. Charles Lamberth

Court of Appeals of Tennessee · Jul 11, 2001

Removal of immunity for injury caused by negligent act or omission of employees - Exceptions - Immunity for year 2000 computer calculation errors. - Immunity from suit of all governmental … The record in this case establishes that Principal Bell was the person charged with making decisions regarding security measures for football games under the TSSAA Bylaws.

Lockhart v. Board of Regents of the University System

316 Ga. App. 759 · Court of Appeals of Georgia · Jul 11, 2012

The Georgia Tort Claims Act sets forth exceptions to a state agency’s sovereign immunity, which are subject to certain limitations; and a plaintiff bears the burden of establishing that a state agency’s conduct is excepted … Accordingly, Lockhart has met her burden of establishing a waiver of sovereign *765 immunity, 25 and the trial court was not authorized to conclude that it lacked subject matter jurisdiction over the portion of Lockhart’s

Priscilla D. Slade v. Texas Southern University Board of Regents

Texas Court of Appeals, 1st District (Houston) · Aug 30, 2007

County of El Paso , to support her proposition that Federal Sign established a waiver-by-conduct exception to sovereign immunity. 121 S.W.3d 704 (Tex. 2003). … This action would clearly be declaratory relief to enforce performance under a contract with the State. See IT-Davy , 74 S.W.3d at 855-56 .

Williams v. Columbus Board of Education

82 Ohio App. 3d 18 · Ohio Court of Appeals · Aug 20, 1992

Upon establishing liability under one of these five exceptions to the general rule of immunity, a political subdivision may still avoid liability by availing itself of a defense contained in R.C. 2744.03. … Further, the alleged injury clearly occurred in the school building, which is a building “used in connection with the performance of a governmental function” within the meaning of R.C. 2744.02(B)(4).

Valdez-Zontek v. Eastmont School District

154 Wash. App. 147 · Court of Appeals of Washington · Jan 12, 2010

facie case of defamation, the defendant can assert either an absolute or a qualified privilege to defend against liability for defamatory statements. … RCW 4.24.510 Immunity ¶48 The issue is whether the District is immune from liability under RCW 4.24.510 for Ms. Jagla’s statement to the auditor (Mr. Renick) that Ms. Valdez-Zontek was having an affair with Mr.

United States v. Pennsylvania Public Utility Commission

184 Pa. Super. 380 · Superior Court of Pennsylvania · Sep 30, 1957

It is apparent that, whatever the immunity of the Federal Government may be, such immunity does not extend to those who render services to the Government such as The Pennsylvania Railroad Company. Penn Dairies, Inc. v. … for bringing the railroad company within any implied governmental immunity.

AAA Mid-Atlantic Insurance v. Prudential Property & Casualty Insurance

336 N.J. Super. 71 · New Jersey Superior Court Appellate Division · Dec 22, 2000

Thus, his parents, the MacElraths are statutorily immune from liability for injuries suffered by their son resulting from the alcoholic beverages they served him. … Prudential’s claim is clearly derivative. It depends upon establishing liability against another carrier’s insureds, the homeowners and social hosts.

Thebeau v. Smith

148 So. 3d 233 · Louisiana Court of Appeal · Sep 8, 2014

A qualified elector may bring an action objecting to the candidacy of a person who qualified as a candidate in a primary election for an office in which the plaintiff is qualified to vote. La. R.S. 18:1401(A). … that the fact finder is clearly wrong or manifestly erroneous.

Miller v. State, Department of Health & Rehabilitative Services

10 Fla. L. Weekly 2020 · District Court of Appeal of Florida · Aug 22, 1985

Our prior decision established the law of the case on this issue, and we should not revisit the issue absent extraordinary circumstances satisfying recognized exceptions to the general rule. In Strazzulla v. … Malpractice in the rendering of specific medical services, however, would clearly breach existing common law duties and would render the governmental entity liable in tort.

Scott v. City of Seymour

659 N.E.2d 585 · Indiana Court of Appeals · Dec 11, 1995

The party seeking summary judgment bears the burden of establishing the propriety of the motion. Gilliam, 648 N.E.2d at 1238 . … In finding governmental immunity, we reasoned that Crown Point had made discretionary decisions which clearly involved the exercise of judgment and the formulation of basic policy on the part of Crown Point officials.

Ricco v. Riva

266 Wis. 2d 696 · Court of Appeals of Wisconsin · Jul 23, 2003

Wantz's affidavit was clearly timely under this statute. 7 ¶ 25. … Clearly, the Rivas are "persons" within the meaning of the statute.

Willis v. Commodity Specialists Co.

158 Ohio App. 3d 444 · Ohio Court of Appeals · Sep 13, 2004

Thus, once immunity is established under R.C. 2744.02(A)(1), the second tier of analysis is whether any of the five exceptions to immunity listed in R.C. 2744.02(B) apply. Cater, 83 Ohio St.3d at 28 , 697 N.E.2d 610 . … However, even if the grain spill could be construed as a nuisance, immunity would clearly be reinstated to the city of Marysville under R.C. 2744.03.

De Dios v. Massachusetts Executive Office of Environmental Affairs

23 Mass. L. Rptr. 565 · Massachusetts Superior Court · Feb 26, 2008

sovereign immunity. … Upon parsing the statute, two requirements emerge in order for an owner to qualify for immunity: (1) the owner must permit the public to use the land for recreational purposes, and (2) the owner must not impose a charge or

People v. Safiedine

163 Mich. App. 25 · Michigan Court of Appeals · Sep 10, 1987

1985), lv den 424 Mich 878 (1986), this Court held that, where a defendant had not been subpoenaed, never refused to testify, and never invoked his privilege against self-incrimination, he was not entitled to transactional immunity … It was not necessary that the actual preparer of the business records be present to lay the foundation for the admission of the documents as the testimony of other "qualified” witnesses was sufficient.

Wright v. Aventis Pasteur, Inc.

2011 Pa. Super. 9 · Superior Court of Pennsylvania · Jan 11, 2011

Section 300aa-22(b)(1) contains two subordinate clauses that qualify the grant of immunity to vaccine manufacturers. … Because Congress utilized conditional language in its grant of immunity to vaccine manufacturers, in order to conclude that Congress clearly and manifestly intended § 300aa-22(b)(1) as a complete bar to any type of claim,

Commonwealth v. Doyle

5 Mass. App. Ct. 544 · Massachusetts Appeals Court · Jul 25, 1977

Wallace, 369 Mass. 876 (1976), established that a district attorney alone does not have the authority to grant immunity and thus the witness Canavan was not protected from prosecution. … Whether the defendant was planning to obtain a divorce was clearly collateral to the issue which was the subject matter of the trial.

Liveable Arlington, Jade Cook, and Gibran Farah Esparza v. City of Arlington, Richard Gertson, Jim Ross, Helen Moise, Raul H. Gonzalez, Nikkie Hunter, Andrew Piel, Rebecca Boxall, Long Pham, Bowie Hogg, and Barbara Odom-Wesley

Texas Court of Appeals, 2nd District (Fort Worth) · May 30, 2024

sovereign immunity and governmental immunity interchangeably, we use the term governmental immunity in reference to the City and City officials. … The GDPO was amended in 2011 to require a specific-use permit establishing the location of a drilling zone for any new gas-drilling permit rather than permitting individual well from liability, governmental immunity protects

Leasure v. Adena Local School Dist.

2012 Ohio 3071 · Ohio Court of Appeals · Jun 28, 2012

Chapter 2744 establishes a three-step analysis for determining whether a political subdivision is immune from liability. Cramer v. Auglaize Acres, 113 Ohio St.3d 266, 270, 2007-Ohio-1946, 865 N.E.2d 9, ¶14. … We held that the school’s “initial decision * * * to purchase and install the irrigation system clearly involved the exercise of protected judgment or discretion, for which [the ROSS, 11CA3249

Greenwood v. State

203 Ga. App. 901 · Court of Appeals of Georgia · Apr 10, 1992

Since the witness’ clearly stated refusal to testify was not altered by the grant of immunity, the trial court’s order, or the adjudication of contempt, we fail to discern any manner in which the grant of immunity can be … It was soon established that the pickup truck had been stolen and that the tag on the truck had been stolen from a separate vehicle.

Estate of Ezekiel D Goodwin v. Northwest Michigan Fair Association

325 Mich. App. 129 · Michigan Court of Appeals · Jul 3, 2018

Although the imposition of a brightline rule may seem arbitrary in some cases,19 the age of seven is the long-established “dividing line” in Michigan. … “[R]elevance must be specifically established” before evidence of a violation may be used as evidence of negligence. Id. See also Zalut, 186 Mich App at 235.