92 results for 'cat:"Immunity" AND cat:"Negligence"'.
J. Sellers grants a hospital immunity under the Alabama COVID-19 Immunity Act against negligence claims filed by a patient who fell leaving a designated exit for patients receiving monoclonal antibody therapy for COVID-19. The hospital is entitled to immunity based on the language of the statute. Vacated.
Court: Alabama Supreme Court, Judge: Sellers, Filed On: January 26, 2024, Case #: SC-2023-0395, Categories: immunity, negligence, Covid-19
J. Zimmerer finds that the trial court improperly denied summary judgment to the city in the family's suit over an auto collision caused by a city police officer who was in pursuit of a fleeing suspect. The city retained its governmental immunity since the officer had acted in good faith in chasing the suspect and had considered the relevant "need/risk balancing factors" during his pursuit. Reversed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: January 11, 2024, Case #: 14-23-00061-CV, Categories: immunity, negligence, Jurisdiction
J. Mauro holds that the trial court properly rejected students' complaint regarding alleged sexual abuse by a school employee as barred by res judicata. The voluntary dismissal of their action in federal court served as a judgment on the merits. They argued that the federal court lacked jurisdiction to rule on the merits after the school district invoked immunity, but the federal court retained subject matter jurisdiction over a Title IX claim that was based on the same conduct alleged in the students' other claims. Because the alleged underlying harm supported both state and federal causes of action, claim preclusion applies, regardless of the legal theory the students assert to support their state action. Affirmed.
Court: California Courts Of Appeal, Judge: Mauro, Filed On: December 21, 2023, Case #: C095446, Categories: immunity, negligence, Jurisdiction
J. Stegner finds that the trial court must revisit a property owner's claim that a city is liable for damage caused to its property when an excavator damaged the city's sewage lateral. The Underground Facilities Damage Prevention Act does not preclude standing for end users to bring claims against the city as an underground facility owner. A jury must determine if the city violated the duty created by the Act and is liable for negligence per se, or whether the city had a common law duty and is liable for negligence. Also, it was premature to grant the city discretionary function immunity before resolving the fact questions related to duty. Reversed.
Court: Idaho Supreme Court, Judge: Stegner, Filed On: December 20, 2023, Case #: 49562, Categories: Property, immunity, negligence
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J. VanMeter finds that the trial court properly dismissed claims an attorney brought against the director of the bar association after he was erroneously told he passed the state bar exam because the director acted on behalf of the commonwealth upon relaying the faulty information and thus was entitled to immunity. Reversed.
Court: Kentucky Supreme Court, Judge: VanMeter, Filed On: December 14, 2023, Case #: 2022-SC-0412-DG , Categories: immunity, negligence
J. Alvarez upholds the lower court's dismissal of a husband's action against a city related the death of his wife, which occurred due to a car collision caused by a man who had stolen a vehicle and was fleeing police. The husband failed to challenge the city's immunity defense. Affirmed.
Court: Texas Courts of Appeals, Judge: Alvarez, Filed On: December 13, 2023, Case #: 04-22-00193-CV, Categories: immunity, negligence
J. Kearney grants a state prosecutor’s motion to dismiss a now-exonerated mother's pro se suit alleging negligent investigative techniques were used to criminally convict her for interfering with a shared child custody order by taking her child to Florida. The prosecutor has absolute immunity against the mother’s suit.
Court: Pennsylvania Superior Court, Judge: Kearney, Filed On: December 4, 2023, Case #: 2:23cv2612, Categories: Government, immunity, negligence
J. Wilson finds that a student proved a school district had been aware of red flags concerning his teacher's behavior around young male schoolchildren but acted with indifference to his safety by allowing the teacher to pull the second grader out of class and bring him to his own middle school classroom, setting the stage for the child to being groomed for sexual assault and, subsequently, to be adopted by the teacher, who also worked for child and youth services. But the the school district is immune from negligence claims because the student failed to allege sexual assaults took place on school property.
Court: USDC Middle District of Pennsylvania, Judge: Wilson, Filed On: December 1, 2023, Case #: 1:22cv2029, NOS: Education - Civil Rights, Categories: Civil Rights, immunity, negligence
J. Smith finds the trial court properly declined the hospital’s motion to dismiss a negligence suit brought by a mother whose newborn baby died while receiving care in the pediatric intensive care unit. The hospital asserts that it is entitled to governmental immunity because the mother failed to give timely notice of her intent to file suit as required under the Texas Tort Claims Act. The mother successfully alleges that the hospital had some awareness of her intent to file suit, thus making the denial of its motion correct. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: November 30, 2023, Case #: 03-21-00575-CV, Categories: Government, immunity, negligence
J. Cody finds that the trial court properly dismissed a wrongful death and dangerous condition of public property claim against the state over a highway fatality. The state met all the reasonable design conditions needed for design immunity, and it had placed deer crossing signs on either side of the accident site. Affirmed.
Court: California Courts Of Appeal, Judge: Cody, Filed On: November 28, 2023, Case #: B317192, Categories: immunity, negligence, Wrongful Death
J. Gallagher finds that the lower court erroneously granted the ambulance driver's motion for summary judgment on the grounds of political subdivision immunity. It is undisputed she was not responding to an emergency call and her lights and sirens were not activated when she ran over the pedestrian's foot. Expert testimony from the pedestrian's reconstruction witness also established issues of fact regarding the right-of-way at the intersection when the collision occurred, which allows for the driver's conduct to be considered wanton or reckless. Reversed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: November 22, 2023, Case #: 2023-Ohio-4213, Categories: immunity, negligence, Experts
J. Zmuda finds the lower court properly granted the city's motion for governmental immunity and summary judgment on negligence claims filed by the swimmer injured at its pool. Testimony from the lifeguard on duty the day of the accident that he inspected all of the grates around the pool before it opened was sufficient to prove no physical defect existed at the time of the injury. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: November 17, 2023, Case #: 2023-Ohio-4163, Categories: immunity, negligence, Premises Liability
J. Chehardy finds that the trial court should not have found for a driver who was injured in a car accident with a probation officer who was working a security shift protecting displaced citizens of Lake Charles after Hurricane Laura. The officer has immunity because, under statute, "the State and its employees shall not be held liable for injury to the persons or damage to property when engaged in emergency preparedness activities." Reversed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: November 2, 2023, Case #: 23-C-384, Categories: immunity, negligence
J. Strickland grants, in part, the city's motion to dismiss, ruling the aircraft company's negligence claim related to its lockout from a hangar does not constitute a claim for property damage and, therefore, the city and its officials are entitled to sovereign immunity.
Court: USDC New Mexico, Judge: Strickland, Filed On: October 31, 2023, Case #: 2:22cv218, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, immunity, negligence
J. Cook grants the motion of a high school principal and superintendent for writ of mandamus to receive state-agent immunity in a case stemming from the death of a student who was inadvertently shot by a classmate who brought a gun to school. There is no evidence that the school officials acted beyond their authority.
Court: Alabama Supreme Court, Judge: Cook, Filed On: October 27, 2023, Case #: SC-2022-0981, Categories: immunity, negligence, Wrongful Death
J. Tyson finds that the trial court should have dismissed trip and fall claims brought against a high school principal in her individual capacity because she is entitled to immunity on the negligence claim for acts that occurred within the scope of her employment. Reversed.
Court: North Carolina Court of Appeals, Judge: Tyson, Filed On: October 17, 2023, Case #: COA23-331, Categories: immunity, negligence
J. Papik finds the trial court properly granted summary judgment to the state in this negligence claim arising from the collision of a mower with a picnic table at which a park-goer was seated. The mower slid down a slope, which was wet due to the previous day’s rain. The State Tort Claims Act provides the state immunity from certain claims arising from conditions caused by weather. Affirmed.
Court: Nebraska Supreme Court, Judge: Papik, Filed On: October 13, 2023, Case #: S-22-952, Categories: Tort, immunity, negligence
J. Kuntz finds that the trial court properly declined to dismiss third-party negligence claims related to a murder committed by a homeless who had been provided a hotel voucher. The city is not entitled to sovereign immunity on the hotel's indemnification claim since the parties had entered a valid contract at the time of the incident. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Kuntz, Filed On: October 4, 2023, Case #: 4D2023-0380, Categories: immunity, negligence, Indemnification
J. Tipton grants a school district's motion to dismiss a former high school student's case, in which he alleges a teacher sexually assaulted him. He fails to show the district had actual notice of the abuse, and the district is immune from his negligence claim.
Court: USDC Southern District of Texas, Judge: Tipton, Filed On: September 29, 2023, Case #: 2:21cv225, NOS: Education - Civil Rights, Categories: Education, immunity, negligence