51 results for 'cat:"Tort" AND cat:"Immunity"'.
Per curiam, the Nebraska Supreme Court finds the district court applied irrelevant case law in finding the Department of Health and Human Services did not breach its duty of care. The foster siblings allege the department breached its duty by placing them with a foster parent who sexually assaulted them. The department's argument relied on an inmate wrongful death-based case establishing tort claims exemption for the state for “[a]ny claim arising out of assault [or] battery.” The court found that another case, involving foster placement and assault applied, ruling the siblings did not provide sufficient evidence to prove the breach. The sovereign immunity analysis cannot focus only on the state's alleged negligence, ignoring that it allowed the assault to occur. Vacated in part.
Court: Nebraska Supreme Court, Judge: Per curiam, Filed On: May 3, 2024, Case #: S-21-1037, Categories: tort, immunity, Guardianship
J. Zimmerer finds that the trial court properly denied the city's plea to the jurisdiction in a flight attendant's suit after a slip and fall at Bush Intercontinental Airport. There is a fact issue on the challenged elements of the claim, including the city's knowledge of the alleged dangerous condition. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: April 23, 2024, Case #: 14-23-00319-CV, Categories: tort, immunity, Jurisdiction
J. Dever grants the U.S. Department of Commerce’s motion to dismiss antitrust and tort claims brought by a former patent examiner. The examiner alleges that the department, her former employer, was unfair in its performance reviews and removed credit for the work she did for it, thereby damaging her career. However, her claims must by dismissed for lack of subject matter jurisdiction because the department retains sovereign immunity.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: April 22, 2024, Case #: 5:23cv495, NOS: Antitrust - Other Suits, Categories: Antitrust, tort, immunity
J. Parker finds that the lower court improperly denied the city's plea to the jurisdiction in this personal injury lawsuit stemming from an automobile collision involving a police vehicle that was responding to an emergency. The court does not find that the officer's driving was reckless, as she "used her lights and siren" and "reduced her speed" before entering the intersection against a red light. Reversed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: April 2, 2024, Case #: 07-23-00400-CV, Categories: tort, immunity, Jurisdiction
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J. Scott grants a teen cheerleader’s father’s motion to dismiss in this nuanced defamation suit wherein the mother of a squad member of his daughter’s harassed his daughter by sending anonymous text messages to the cheerleading gym’s owner, alleging the teenager was vaping, drinking and posting revealing pictures online. The mother failed to state a claim for defamation by saying she was falsely accused in the media by the father of creating deepfakes of the girl.
Court: USDC Eastern District of Pennsylvania, Judge: Scott, Filed On: March 14, 2024, Case #: 2:23cv147, NOS: Other Civil Rights - Civil Rights, Categories: tort, immunity, Defamation
J. Fowlkes grants the city's dismissal motion pursuant to Rule 12(b)(6) in this lawsuit brought by the president of a towing company alleging that the city violated his constitutional rights and committed various torts against him based on an incident involving a city police officer. The tow company executive fails to cite "a custom or policy" behind the alleged Section 1983 violation. Also, the city is immune from suit for the tort claims.
Court: USDC Western District of Tennessee , Judge: Fowlkes, Filed On: March 13, 2024, Case #: 2:23cv2102, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, tort, immunity
J. Tijerina finds the lower court improperly denied the city's plea to the jurisdiction on an individual's negligence lawsuit filed under the Texas Tort Claims Act. She claims she was injured "while she was being transported by police," but she does not provide detail as to how she was injured. She fails to establish a waiver of the city's immunity. Reversed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: March 7, 2024, Case #: 13-23-00060-CV, Categories: tort, immunity, Jurisdiction
J. Jewell finds that the trial court partly erred in its ruling against the city in a personal injury case stemming from a crash between a fire truck and a car. Two of the passengers in the car "lack standing to assert claims for medical expenses incurred when they were minors" because the cause of action belongs to their parents, who should not have been joined to the suit after limitations expired. Reversed in part.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: March 7, 2024, Case #: 14-23-00087-CV, Categories: tort, immunity
J. Soto finds a lower court did not err in granting El Paso County’s plea to the jurisdiction after it was sued by a citizen who accused the county sheriff’s office of ignoring reports that a stable was mistreating animals, including her own horse. The burden is on the citizen to show why immunity should be waived, which she “has not attempted to do.” Regardless, the Texas Tort Claims Act “does not waive immunity for intentional torts.” Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: February 28, 2024, Case #: 08-23-00192-CV, Categories: Government, tort, immunity
[Consolidated.] J. Bell grants the IRS’s motion to dismiss tort allegations brought by one of its employees and her husband, who claim another agent harassed the employee at work. The government correctly invokes sovereign immunity; further, the employee already filed a state case against the agent that was dismissed with prejudice, so this claim fails.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: February 23, 2024, Case #: 5:23cv149, NOS: Other Statutory Actions - Other Suits, Categories: Government, tort, immunity
J. Wilson finds that the trial court properly ruled in favor of the city-parish government on a court bailiff's slip and fall suit over injuries allegedly resulting from spilled hand sanitizer. The government was entitled to immunity since the installation of the sanitizer dispensers was in response to the public health emergency caused by Covid-19. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wilson, Filed On: February 14, 2024, Case #: CA-23-347, Categories: tort, immunity, Covid-19
J. Kauger grants the medical service district's application for a writ of prohibition. The worker who was injured when an ambulance collided with the tollbooth filed suit against the district after receiving worker's compensation benefits. The Governmental Tort Claims Act precludes liability because benefits have previously been awarded.
Court: Oklahoma Supreme Court, Judge: Kauger, Filed On: February 13, 2024, Case #: 121510, Categories: tort, immunity, Workers' Compensation
J. Arguello allows a tenant to continue claims contending a maintenance worker stalked and harassed her, illegally entered her apartment, and raped her. The public housing authority did not have immunity and may have been vicariously liable for failing to monitor or fire the maintenance worker prior to the assault.
Court: USDC Colorado, Judge: Arguello, Filed On: January 31, 2024, Case #: 1:23cv1019, NOS: Housing/Accommodations - Civil Rights, Categories: tort, immunity, Housing
J. Gardner finds that the lower court properly granted the police officer immunity on personal injury claims stemming from a car accident with an on-duty cop who was driving 87 miles per hour before the impact. The officer was speeding to assist another officer in an emergency, and did not intend to injure anyone. Expert testimony that the officer's conduct was reckless is insufficient to demonstrate intent to harm in this situation. Affirmed.
Court: Missouri Court Of Appeals, Judge: Gardner, Filed On: January 30, 2024, Case #: ED111694, Categories: tort, immunity
J. Bogardus finds the lower court erroneously granted the school's motion for summary judgment and determined it was entitled to immunity on negligence claims brought by the parents of the child who reinjured a surgically repaired hip on the playground. Deposition testimony of officials indicated the school's safety policies were not properly implemented when the child was allowed to go outside for recess despite doctor's restrictions on any physical activity. The homeroom teacher and other faculty did not receive the medical note from the school nurse, which would allow a reasonable jury to conclude the school created an unsafe condition on property operated by the state and prevent application of immunity. Reversed.
Court: New Mexico Court of Appeals, Judge: Bogardus, Filed On: January 22, 2024, Case #: A-1-CA-39871, Categories: Education, tort, immunity
J. Maddox grants the Republic of Namibia’s motion to dismiss and denies a couple’s motion to dismiss a Namibia citizen’s claims of servitude, forced labor and unlawful passport concealment. The citizen alleges Namibia engaged in commercial activity by leasing a residence in Maryland for the couple for trafficking, but she fails to allege facts or evidence to support the lease was funded by Namibia. Namibia has sovereign immunity.
Court: USDC Maryland, Judge: Maddox, Filed On: January 16, 2024, Case #: 8:21cv3007, NOS: Other Statutory Actions - Other Suits, Categories: Immigration, tort, immunity
J. Emas finds the trial court properly denied the county's motion for summary judgment in the citizen's lawsuit claiming he was struck by a bus after getting off of it following an argument with the driver. The county is not entitled to sovereign immunity at this time because it remains disputed whether the driver intentionally struck the citizen, who says the driver would not have been able to see him at the time because he was in the bus's blind spot. Affirmed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: January 10, 2024, Case #: 22-2132, Categories: tort, immunity
J. Smith finds that the trial court properly ruled against the inmate in his suit alleging he received inadequate medical care from the University of Texas Medical Branch. The inmate failed to show a waiver of sovereign immunity, so the plea to the jurisdiction was correctly granted. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: December 28, 2023, Case #: 10-23-00239-CV, Categories: Health Care, tort, immunity
J. Jewell finds that the trial court improperly denied summary judgment to the school district in a motorist's suit over an auto accident with its police officer who was responding "to a report of a person with a gun at an elementary school." The evidence shows that the emergency response exception applies to the actions of the officer, so the school district has immunity as to the motorist's claims. Reversed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: November 30, 2023, Case #: 14-22-00223-CV, Categories: Civil Procedure, tort, immunity
J. Ceresia finds that the lower court improperly dismissed claims in which a nursing home seeks immunity against negligence claims stemming from the death of a resident who contracted Covid-19 early in the pandemic. The nursing home was not rendered liable for past acts by the repeal of state emergency measures granting immunity to health care professionals providing treatment to Covid patients because retroactivity was not presumed or expressed in the legislation. Meanwhile, the decedent's records indicate she was closely monitored and that care had been provided on a good faith basis. Reversed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: November 30, 2023, Case #: 535767, Categories: tort, immunity, Covid-19
J. Pena finds that the lower court improperly denied the city's plea to the jurisdiction in this personal injury lawsuit arising from a traffic accident allegedly involving a stolen police car. The police offers were entitled to immunity, as they were performing "discretionary functions" during their interactions with the arrestee who allegedly stole the vehicle. Reversed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: November 16, 2023, Case #: 13-21-00414-CV, Categories: tort, immunity
J. Perry finds that the trial court properly ruled that the teacher's aide could not bring a tort action for damages stemming from an auto accident with a school bus. Her exclusive remedy was through the Louisiana Workers' Compensation Act since the crash happened on school premises and was caused by its employee. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: November 15, 2023, Case #: CA-23-125, Categories: tort, immunity, Workers' Compensation
J. D’Agostino grants a police officer’s motion for summary judgment in this excessive force and unlawful arrest claim brought by a civilian. The civilian alleges the officer struck and tackled him while trying to detain him for a domestic disturbance. The court says the officer’s actions were necessary because the civilian made a sudden movement, prompting the officer to protect himself, so he is entitled to qualified immunity. The officer’s motion to strike certain portions of the citizen’s response to the summary judgment and the attorney is denied.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: November 3, 2023, Case #: 5:18cv952, NOS: Other Civil Rights - Civil Rights, Categories: tort, immunity, Police Misconduct
J. Jackson declines to remand to state court the school board's lawsuit accusing Facebook, Instagram and Tik-Tok of being highly addictive to children and harmful to the learning environment it is required to provide for its students. The school board argues that it is an arm of the state and therefore immune from federal jurisdiction under the Eleventh Amendment, but this argument "has been squarely rejected by the U.S. Court of Appeals for the Fifth Circuit, each of the three Louisiana U.S. District Courts, and Louisiana's state courts, too."
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: November 2, 2023, Case #: 3:23cv807, NOS: Torts to Land - Real Property, Categories: tort, immunity, Jurisdiction
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. Gray finds that the trial court properly granted the college's plea to the jurisdiction and dismissed the fire academy student's claims over his injuries that occurred during a demonstration in which he was sprayed in the head with water from a fire hose. There was no waiver of the college's immunity since the evidence does not show the student's injury resulted from the "operation of a motor vehicle." Affirmed.
Court: Texas Courts of Appeals, Judge: Gray, Filed On: September 21, 2023, Case #: 10-21-00070-CV, Categories: tort, immunity, Jurisdiction