The Second Department affirmed dismissal of a trip-and-fall claim at a railroad station against the Town of Islip for lack of prior written notice and against the LIRR/MTA for lack of duty to maintain the area.
The Second Department affirmed summary judgment for the City of Long Beach in a trip-and-fall case, finding no prior written notice of a protruding bolt on a parking sign in a grassy median.
Appellate Division affirms dismissal of negligence claim against NYC Health + Hospitals for failure to serve timely notice of claim on proper party and failure to plead special duty.
Appellate Division affirms summary judgment for City under storm-in-progress doctrine, finding eighteen hours after winter storm insufficient time to remedy icy sidewalk condition.
The Texas Supreme Court dismissed a nine-year challenge by cities to legislatively reduced telecom right-of-way rates, holding the cities sued the wrong defendant by naming only ‘the State of Texas’ rather than the telecom companies or a specific state agency.
The Tenth District denied a Columbus police officer statutory immunity in a fatal K-9 unit shooting, finding genuine factual disputes about whether the officer recklessly perceived a threat before firing.
The Fourth DCA affirmed that a city’s code violation liens recorded after a lis pendens was filed were not entitled to foreclosure surplus funds, holding the city was not a ‘subordinate lienholder’ under section 45.032 because its liens were extinguished by the foreclosure sale.
The Fourth District holds that the 2023 Statewide Siting Act does not strip counties of discretion over solar energy facility siting, affirming dismissal of solar developers’ mandamus claims against Winnebago County.
The Georgia Court of Appeals affirmed the dismissal of a personal injury action against the City of Atlanta, holding that sending an ante litem notice to the correct street address but the wrong suite number did not substantially comply with OCGA section 36-33-5(f).
The Eighth District reversed judgment on the pleadings for the City of Cleveland, holding that the discovery rule applies to the two-year statute of limitations for political subdivision tort claims and that immunity questions cannot be resolved on the pleadings when the relevant facts are in dispute.