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Category Archives: immunity

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Summary judgment on governmental immunity properly denied where City did not provide proof of no insurance — Arkansas

Posted in immunity
In City of Little Rock v. Yang, Yang sued the City for mishandling a 911 call.  City claimed immunity. But City did not offer evidence it had no insurance.  Governmental immunity is only available under Arkansas law if there is no insurance.  Also, if the claim exceeds the insurance limits, there is immunity.  The denial… Continue Reading

Recreational land use act applies to Tulsa’s River Parks Authority — Oklahoma

Posted in immunity, New Case
In Sanders v. River Parks Authority, 2016 OK CIV APP 79, Bogdanich died after being struck by a young boy riding a bicycle.  Bogdanich’s survivors sued the River Parks (and others) claiming negligent design of the trails, inadequate warning signs, and insufficient supervision.  The River Parks got summary judgment, though, arguing it was immune from… Continue Reading

Pharmacy owes decedent duty in prescription overdose wrongful death action

Posted in Contractual Liability, immunity, New Case
Carista v. Valuck was a wrongful death arising action from Plaintiff’s prescription overdose. Defendant was Plaintiff’s pharmacy. Defendant sought summary judgment alleging it owed Plaintiff no duty. Judgment for Plaintiff was proper because the Learned Intermediary Doctrine creates a duty whereby a pharmacist must advise patients of facially unreasonable prescriptions and known drug contradictions. Thus,… Continue Reading

Discretionary Function under the Federal Tort Claims Act – Parking lot guardrails. 8th Circuit

Posted in immunity, New Case
In Metter v. U.S., Metter’s spouse was killed while fishing when a parked truck slipped out of gear and struck him. The guardrails had been removed so equipment could get into the area for flood repairs and the contractor had agreed to have the guardrails replaced before the accident occurred. The Army Corps of Engineers’… Continue Reading

Governmental Tort Claims Act, Uninsured Motorist Coverage and Set Off — Okla law

Posted in Contractual Liability, immunity, New Case, Vehicle
In Mariani v. State ex rel. Oklahoma State University, 2015 OK 1, the issue was whether the governmental tortfeasor was entitled to a set off for the uninsured motorist coverage paid by the injured party’s insurer. Under the Governmental Tort Claims Act (GTCA), the state’s liability is limited to a certain dollar amount– in this… Continue Reading

Sovereign Immunity waived by purchase of insurance — Missouri law

Posted in immunity, New Case
In Argonaut Great Central Ins. v. Audrain County, a grocery store insured by Argonaut was burgled and then burned down.  The grocery store’s alarm system was monitored through Audrain County.  Argonaut claimed the alarm monitoring by Audrain was defective, causing or contributing to the damages that Argonaut had to pay to its insured grocery store. … Continue Reading