7 results for 'cat:"Immunity" AND cat:"Negligence" AND cat:"Jurisdiction"'.
J. Zimmerer finds that the trial court should have dismissed the auto passenger's suit against the city over a crash with a police officer. The city's governmental immunity was not waived since the emergency exception applied to the actions of the officer, who was responding to an armed robbery when the accident occurred. Reversed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: April 4, 2024, Case #: 14-23-00344-CV, Categories: immunity, negligence, jurisdiction
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
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Jewell finds that the trial court properly granted the village's plea to the jurisdiction and dismissed a negligence suit against it stemming from an auto accident caused by its employee. There was no waiver of governmental immunity since the evidence shows the employee was running a personal errand at the time of the incident and was not in the course and scope of his employment. Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: May 16, 2023, Case #: 14-22-00085-CV, Categories: immunity, negligence, jurisdiction
J. Kennedy finds that the lower court properly denied the city's plea to the jurisdiction in this negligence lawsuit brought by an individual who alleges that he was injured when he was bitten by a police service dog. The city argues that the police officer who handled the dog retained his official immunity, but the officer's attempt to show good faith "falls short," as he only addresses the length of the leash being utilized at the time of the incident. Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: May 12, 2023, Case #: 05-22-00826-CV, Categories: immunity, negligence, jurisdiction