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,…
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…
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.…
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…
Earlier this month, an appellate court in Nebraska issued an opinion in a case arising out of a bus accident in which the city government named as the defendant admitted liability but argued that the damages ordered by the court were too high. In the case, Moreno v. City of…
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…
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…
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…
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…
Earlier this month, the United States Supreme Court decided a case that gave the court occasion to discuss the Foreign Sovereign Immunities Act (the “Act”). The Act is an agreement among nations that limits the liability of foreign governments. The Act generally gives foreign sovereign countries immunity unless the alleged conduct…