49 results for 'cat:"Tort" AND cat:"Immunity"'.
J. Hardin-Tammons finds that the lower court properly found for the school district on personal injury claims stemming from a student's collusion with a wall during gym class. The student cannot show the gym wall was in a dangerous condition at the time of the injury. Affirmed.
Court: Missouri Court Of Appeals, Judge: Hardin-Tammons, Filed On: September 19, 2023, Case #: ED111319, Categories: tort, immunity
J. Stegner holds that the trial court erred in granting an independent contractor summary judgment in a personal injury action filed by a worker who was injured when a stair railing failed. The independent contractor that built the railing was not the worker's co-employee under the Worker's Compensation Act, so the independent contractor is not entitled to the tort immunity that the Act provides an employer's contractors and subcontractors. Reversed.
Court: Idaho Supreme Court, Judge: Stegner, Filed On: September 15, 2023, Case #: 48900, Categories: tort, immunity, Workers' Compensation
J. Mazzant finds that the district court improperly found that the city did not have sovereign immunity as to this wrongful death suit arising from the shooting death of a woman by a defendant who had been released while his charges for two other shootings were pending. The chief of police did not owe a duty to protect the victim or her family from the drive-by shooting, and so the negligence claims cannot be sustained. By proxy, the Mississippi Tort Claims Act claims against the city cannot be sustained, and the city is therefore entitled to sovereign immunity. Reversed.
Court: 5th Circuit, Judge: Mazzant , Filed On: September 13, 2023, Case #: 22-60231, Categories: tort, immunity, Negligence
J. Gesner denies summary judgment to the pawn shop owners on their civil rights claims stemming from their arrest and trial for allegedly knowingly buying stolen goods from a customer. The customer was adamant that the owners were unaware that the items were stolen and a jury eventually acquitted the shop owners. The arresting officer is entitled to absolute immunity because the shop owners' claims focus on his grand jury testimony. Also, the owners present no convincing evidence of their claims.
Court: USDC Maryland, Judge: Gesner, Filed On: August 24, 2023, Case #: 1:20cv1208, NOS: Other Civil Rights - Civil Rights, Categories: tort, immunity, Police Misconduct
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J. Wilson finds that the trial court improperly denied summary judgment to the city in a suit stemming from a crash between a fire engine and another vehicle. The city established the elements of its official immunity defense, including that the fire engine operator's actions were discretionary and that he was acting in good faith when the incident happened. Reversed.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: August 22, 2023, Case #: 14-22-00368-CV, Categories: tort, immunity, Negligence
J. Benavides finds that the lower court improperly denied the city's plea to the jurisdiction in this lawsuit concerning "property damage from stormwater runoff." The property owners' claims do not establish a waiver of the city's immunity, as the alleged property damage did not arise from "the operation or use of a motor-driven vehicle or motor-driven equipment." Reversed.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: August 17, 2023, Case #: 13-22-00528-CV, Categories: tort, immunity, Jurisdiction
J. Eaves answers no to the question of whether a state tort law covers federal statutory claims in a suit brought by a former university staff member after her supervisor fired her for granting interviews to Republican and Green Party mayoral candidates. The Democratic candidate could not attend a scheduled televised debate, and so the staff member cancelled it as requested but interviewed the other nominees. She also complained to her supervisor and the university about its inflated budget reports to obtain larger state and federal grants, and was fired shortly thereafter. However, because the state’s general assembly did not intend for state tort law to include federal statutory claims, the staff member cannot proceed using this argument.
Court: Supreme Court of Maryland, Judge: Eaves, Filed On: August 14, 2023, Case #: 21-1918, Categories: Employment, tort, immunity
J. Colloton finds a lower court properly granted summary judgment to a police officer on a civilian’s unreasonable seizure claims. The civilian argued that the police officer shot his dog in violation of his Fourth and 14th Amendment rights. However, the city’s board of police commissioners sufficiently showed the homeowner failed to restrain his growling, barking dog after it darted toward the police officer, who is entitled to qualified immunity for making a split decision to protect himself. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: August 10, 2023, Case #: 22-2815, Categories: Constitution, tort, immunity
J. Pillard upholds, in part, the district court's refusal to dismiss claims by certain individuals seeking compensation from the Republic of Hungary for property seized during the Holocaust. Four of the 12 individuals have plausibly alleged they were Czechoslovakian nationals at the time of the takings and, therefore, their claims fall under the expropriation exception to the Foreign Sovereign Immunities Act. Affirmed in part.
Court: DC Circuit, Judge: Pillard, Filed On: August 8, 2023, Case #: 22-7010 , Categories: tort, immunity
J. Kelly finds the lower court improperly denied the City of Houston’s motion for summary judgment. A driver sued the city after a City of Houston police car collided with a City of Houston fire truck, then with her vehicle. The city alleges the driver’s claims are barred by the emergency exception to the limited waiver of immunity in the Texas Tort Claims Act and by official immunity. The officer driving the police car and the operator of the fire truck were performing discretionary duties within the scope of their authority, and in good faith at the time of the collision. The driver failed to create a genuine question of material fact. Dismissed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: August 8, 2023, Case #: 01-22-00709-CV, Categories: tort, immunity, Damages
J. Jones finds that the trial court properly and improperly ruled in a case arising out of a county constable carrying out a writ of execution against a property owner. The trial court applied an incorrect understanding of tort law when it dismissed the tort claims made by the property owner alleging that the seizure of their property was unlawful. However, other claims brought against the constable were properly dismissed based on governmental immunity. Reversed in part.
Court: Texas Courts of Appeals, Judge: Jones, Filed On: July 12, 2023, Case #: 03-22-00303-CV, Categories: Property, tort, immunity
J. Johnson finds the trial court properly dismissed with prejudice the intentional "Derivative Tort Claim" brought by the state prison inmate alleging that Law Librarians at the prison denied him access to the restroom during a "headcount." The inmate claims First, Fifth, Eighth, and Fourteenth amendment violations, though intentional tort claims are barred by sovereign immunity, and are not waived by the Texas Tort Claims Act. The allegations in the inmate's petition affirmatively negate jurisdiction. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: June 29, 2023, Case #: 09-22-00221-CV, Categories: tort, immunity, Prisoners' Rights
J. Poissant finds that the trial court properly ruled against the city on its argument for governmental immunity in a negligence suit stemming from an auto accident involving its employee. The city did not give evidence that the employee "was on a deviation from the performance of his duties" when the incident occurred. Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: June 27, 2023, Case #: 14-21-00680-CV, Categories: tort, immunity, Negligence
J. Scales finds the man's petition for a writ of prohibition quashing a trial court order denying his motion to dismiss a civil battery case brought by the woman must be denied on the merits due to "substantial, competent evidence" that he is not immune to the charge under Florida's Stand Your Ground Law based on the woman's testimony, even though two eyewitnesses support the man's argument that she was the aggressor and he was defending himself. A question of great public importance is certified to the Florida Supreme Court regarding whether prohibition is a remedy a civil defendant can use to challenge a non-final order denying a motion for Stand Your Ground immunity, and the matter is also referred to the Florida Bar's Appellate Rules Committee.
Court: Florida Courts Of Appeal, Judge: Scales, Filed On: June 21, 2023, Case #: 23-0315, Categories: tort, immunity
J. Rodriguez partially dismisses a premise liability lawsuit against Veterans Affairs. The Department of Veterans Affairs argued the case should be dismissed because it was not properly served, but the department should simply be dismissed as a party in this case because the U.S., not an individual department, is the correct defendant under the Federal Tort Claims Act. While the individual bringing the suit will have the option to refile, her amended complaint “should clearly reflect” the clarifications made by this court regarding proper parties in the case.
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: June 15, 2023, Case #: 5:22cv652, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, tort, immunity
J. Gaitas reverses the district court's finding that the state patrol is not entitled to dismissal of a dog-bite claim due to sovereign immunity. A Minnesota dog-bite statute's attribution of liability to the "owner" of the dog does not constitute a waiver by the legislature of sovereign immunity.
Court: Minnesota Court Of Appeals, Judge: Gaitas, Filed On: June 12, 2023, Case #: A22-1545, Categories: tort, immunity
J. Guerrero finds that the appeals court properly determined that statute immunizes a school district from treble damages sought by a minor student who was sexually assaulted by a district employee. The student sought enhanced damages under a statute that allows for treble damages where there is evidence that an employer covered up past abuse by an employee. Statute shields public entities from enhanced, noncompensatory damages that are expressly punitive, or primarily punitive or exemplary in nature. Affirmed.
Court: California Supreme Court, Judge: Guerrero, Filed On: June 1, 2023, Case #: S269608, Categories: tort, immunity, Damages