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Articles Posted in Governmental Liability

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Court Determines Teacher’s Supervision of Students Is a Discretionary Action Entitled to Official Immunity

Earlier this month, an appellate court in Georgia issued a written opinion in a wrongful death case brought by the parents of a boy who died while in the defendant teacher’s classroom. In the case, Barnett v. Atlanta Independent School System, the court held that a teacher’s decision on how…

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Court Holds Department of Motor Vehicles Is Not Liable in Car Accident Case

Earlier this month, an appellate court in West Virginia issued a written opinion in a case brought by the surviving family members of a woman who was killed in a car accident. In the case, Department of Transportation v. King, the court held that the DMV was entitled to governmental immunity,…

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Court Rules in Plaintiff’s Favor in Traffic Accident Occurring Near School Grounds

Earlier this month, a Connecticut appellate court issued a written opinion in a premises liability case brought by a student and his parents against the student’s high school. In the case, Strycharz v. Cady, the appellate court held that the lower court improperly found that governmental immunity protected the assistant…

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Court Finds “Public Duty” Doctrine Applies, Preventing Government Liability in Boating Accident

Earlier this month, a state appellate court issued a written opinion discussing how the “public duty” doctrine can act to prevent a plaintiff from suing a government agency for alleged acts of negligence stemming from a breach of a duty owed to the general public. In the case, McFarlin v.…

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Court Finds Deceased Skateboarder Assumed the Risk of Injury, Preventing Family from Seeking Compensation

Earlier this month, an appellate court in California issued an opinion in a case brought by the father of a boy who died after he sustained a traumatic brain injury when he fell off his skateboard after hitting a lip around a manhole cover. In the case, Bertsch v. Mammoth Community…

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Personal Injury Plaintiff’s Case against Government Dismissed for Failure to Comply with Tort Claims Act Requirements

Earlier this month, an appellate court in Maine issued a written opinion in a case filed by a man against a local government, alleging negligence for failing to maintain a safe property near the city hall. In the case, Deschenes v. City of Sanford, the court ultimately dismissed the case because…

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Maryland Court Allows Plaintiff to Recover Compensation After Accident with Police but Limits Damages Under Tort Claims Act

Earlier last month, a Maryland appellate court heard a case that was brought by the family of a man who was killed in a motorcycle accident involving a police officer. In the case of Beall v. Holloway-Johnson, the plaintiff who was the personal representative of a man who was killed when…

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Court Dismisses Accident Victim’s Lawsuit Against University Based on “Absolute Immunity”

Earlier this month, an appellate court affirmed the dismissal of a plaintiff’s case against the University of California Santa Cruz based on the university’s absolute immunity in building and maintaining a bike path. In the case, Burgueno v. The Regents of the University of California, the court determined that a…

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Court Finds Government Immune to Design Defect Case Arising from Allegedly Dangerous Roadways

Earlier last month, a California court heard a case against the County of San Diego brought by an accident victim who was injured when he was struck by another motorist on a roadway he claimed was poorly designed. In the case, Hampton v. County of San Diego, the court ultimately…

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