Search for: "Tort Governmental Entity"
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16 Oct 2020, 8:54 am
The Florida Supreme Court recently addressed the state’s statutory damages cap in cases against a governmental entity or actor. [read post]
3 Nov 2017, 4:00 am
" Governmental immunity, explained the court, is not triggered when a public employee, acting in the course of his or her employment, "commits an ordinary tort that anyone else might commit — for example, when the employee is negligent in driving [a vehicle]. [read post]
8 Jul 2010, 1:11 am
The legislation revises a deadline for a special definition of governmental entities in governmental tort liability cases against governmental entities in Shelby County. [read post]
27 May 2011, 3:00 am
Because these torts are conspicuously absent from the intentional tort exception rendering governmental entities immune from liability for injuries, we hold that the clearly negligent defendant is not immune under this exception. [read post]
4 May 2020, 8:01 am
The lawsuit originates from an automobile accident that an injury victim filed against a Texas governmental entity. [read post]
25 May 2011, 3:00 am
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases. [read post]
23 Dec 2012, 10:29 am
Under the California Tort Claims Act, the victim cannot recover punitive damages and the governmental entity can elect to make installment payments if it does not have commercial insurance. [read post]
17 Apr 2018, 12:36 pm
Governmental tort liability, including the possibility of immunity from suit, can be an important factor in such cases, depending upon the particular defendant that is being sued. [read post]
20 Apr 2021, 4:36 pm
The Maine Tort Claims Act (MTCA) provides municipalities and governmental entities with immunity for negligent acts. [read post]
7 Feb 2011, 3:09 pm
The Act provides that a public entity or a public employee acting within the scope of his or her employment “shall be immune from liability in all claims for injury which lie in tort or could lie in tort . . . . [read post]
2 Feb 2023, 6:03 am
While a claim for intentional interference with business relationships does not “arise out of a claim for interference with contract rights” and is thus not expressly listed in the GTLA as a cause of action for which a governmental entity retains immunity, because it is an intentional tort, a plaintiff seeking to assert an intentional interference with business relationships claim against a governmental entity must still show negligent… [read post]
8 Mar 2017, 2:46 pm
According to Section 3-107(b) of the Local Governmental and Governmental Employees Tort Immunity Act, no public entity or public employee is “liable for an injury caused by a condition of . . . [read post]
8 Mar 2017, 2:46 pm
According to Section 3-107(b) of the Local Governmental and Governmental Employees Tort Immunity Act, no public entity or public employee is “liable for an injury caused by a condition of . . . [read post]
10 Jun 2011, 3:00 am
In 1973, the General Assembly enacted the Tennessee Governmental Tort Liability Act (GTLA), which waived in part the immunity previously afforded to governmental entities. [read post]
3 Nov 2017, 4:00 am
" Governmental immunity, explained the court, is not triggered when a public employee, acting in the course of his or her employment, "commits an ordinary tort that anyone else might commit — for example, when the employee is negligent in driving [a vehicle]. [read post]
31 Mar 2022, 2:56 am
Generally, under the MTCA, governmental entities are immune from civil tort lawsuits involving the recovery of damages. [read post]
11 May 2011, 3:00 am
App. 2008) (affirming trial court finding that defendant governmental entity was immune from suit for common law nuisance under Tennessee Governmental Tort Liability Act (GTLA) and finding no liability under GTLA for dangerous condition finding no notice); Brown v. [read post]
2 Aug 2021, 6:42 am
Considering the GTLA as a whole, the Court ruled that plaintiffs’ claims could proceed, explaining: Plaintiffs’ allegations are of systemic failure on the part of the governmental entities rather than solely conduct from individual governmental employees. [read post]
20 May 2011, 3:00 am
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases. [read post]
21 Apr 2020, 12:52 pm
The Indiana Court of Appeals recently reversed a trial court’s decision allowing a slip-and-fall claimant’s case to move forward against a governmental entity despite non-compliance with the Indiana Tort Claims Act (ITCA). [read post]
