9 results for 'cat:"Government" AND cat:"Immunity" AND cat:"Negligence"'.
J. Gardner finds a lower court properly dismissed a civilian's negligence claims against a county commissioner. The civilian argued that she is entitled to relief after suffering injuries from a fall in a slope of a library parking lot. However, the county sufficiently showed in court that the parking lot is protected by recreational use immunity. Affirmed.
Court: Kansas Courts Of Appeal, Judge: Gardner, Filed On: June 21, 2024, Case #: 126732, Categories: government, immunity, negligence
J. McDonald finds the lower court properly granted the city and its police officer's motion for summary judgment on tort claims filed by the injured driver. The police officer was on duty at the time of the collision and his turn into oncoming traffic at a traffic signal did not constitute wanton or reckless behavior; therefore, both parties were entitled to immunity. Affirmed.
Court: Mississippi Court Of Appeals, Judge: McDonald, Filed On: June 4, 2024, Case #: 2023-CA-0469, Categories: government, immunity, negligence
J. Busby finds that the court of appeals improperly ruled against the Texas Department of Transportation in a negligence case filed by a property owner whose trees were cut down by a subcontractor who was tasked with clearing a right-of-way easement. Because the property owner failed to show that the subcontractor was in the department's "paid service," its governmental immunity had not been waived and the lower court should have dismissed the case accordingly. Reversed.
Court: Texas Supreme Court, Judge: Busby, Filed On: May 17, 2024, Case #: 22-0585, Categories: government, immunity, 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
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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