9 results for 'cat:"Government" AND cat:"Immunity" AND cat:"Negligence"'.
J. Cradle finds the lower court properly granted the city and its employee's motion for summary judgment on negligence claims brought by the mother of the child injured by a falling tree in a public park. All of the duties at issue in the case, including the inspection and flagging of the tree as a possible hazard, did not involve any discretion on the part of the employee, which entitled her and the city to governmental immunity. Affirmed in part.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: March 15, 2024, Case #: AC45807, Categories: government, immunity, negligence
J. Walker reverses the lower court's order denying the social services agency’s motion to dismiss two negligence claims from a woman's suit claiming it violated the West Virginia Child Welfare Act and Human Trafficking Statute, when the child protective services worker assigned to her case lured her into confiding in him and then supplied her with drugs and alcohol and sexually assaulted her at a hotel. The judge erred in not finding the department has qualified immunity since the woman failed either to state a claim in her amended complaint of how the department negligently violated the Child Welfare Act or identify any "bad actors" within the department who failed to properly train and supervise the worker. Reversed.
Court: West Virginia Supreme Court Of Appeals, Judge: Walker, Filed On: March 5, 2024, Case #: 22-0389, Categories: government, 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. 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. 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
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J. Kennedy finds the appeals court erroneously granted a portion of the K-9 officer's motion for summary judgment and determined he was entitled to political subdivision immunity on negligence claims brought by the guest who was bitten by his K-9 unit at a party. Reasonable minds could differ as to whether the officer's actions at his home were clearly outside the scope of his duties as a police officer. Although he is required to keep the dog at his home, many people at the party had consumed alcohol, including the officer, while there was a question of fact as to whether the dog had been given beer to drink while the officer demonstrated some of his training, all of which prevents the application of immunity. Reversed.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: August 30, 2023, Case #: 2023-Ohio-3005, Categories: government, immunity, negligence
J. Boyle finds the lower court erroneously denied the city and its police officers' motion for summary judgment on the grounds of political subdivision immunity in a car collision case. The officer involved in the collision with a bystander believed there was an imminent threat of harm to the 911 caller who had been assaulted and was being followed by her assailant. Therefore, the officer's decision to speed to the location of the caller was not wanton and reckless, especially considering he activated all of his lights and sirens, and was traveling below the posted speed limit at the time of the collision. Reversed.
Court: Ohio Court Of Appeals, Judge: Boyle, Filed On: August 24, 2023, Case #: 2023-Ohio-2954, Categories: government, immunity, negligence
Per curiam, the Texas Supreme Court finds that the court of appeals improperly ruled against the City of Houston in a negligence suit brought against it by a motorist who was involved in a vehicle collision with a Houston police officer. Because the motorist failed to raise a fact issue on whether the officer acted recklessly, the city’s immunity is not waived. Furthermore, because the officer was responding to an emergency, the city remains immune from suit. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: June 30, 2023, Case #: 22-0295, Categories: government, immunity, negligence
J. Kelly finds the lower court improperly granted a city’s plea to the jurisdiction in this matter of negligence. A worker was struck and injured by a golf ball while she worked at a restaurant located on a golf course owned by the city. The worker sued the city for negligence. The lower court granted the city’s plea to the jurisdiction on grounds that it had governmental immunity, but the instant court finds the city did not conclusively prove their claims were barred by sovereign immunity, and the worker is entitled to replead. The matter is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: June 8, 2023, Case #: 01-22-00452-CV, Categories: government, immunity, negligence