5 Kentucky opinions name it 3 courts 1953–2009 0 in the last five years
The cases below were cited by Kentucky courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Bayless v. Boyergreen1 sentence2009Bayless v. Boyer, 180 S.W.3d 439, 452 (Ky.2005) (A “party might admit to a deviation from the standard of care but still avoid liability for an injury because the jury determines that the deviation was not the ... proximate cause of the opposing party’s injury.”); Deutsch v. Shein, 597 S.W.2d 141, 143 (Ky.1980) (“Liability for a negligent act follows a finding of proximate or legal cause.”). | 1 | 1 |
NKC Hospitals, Inc. v. Anthonygreen1 sentence2009Here, the jury could have found that though Phelps may have, in fact, caused Emberton’s injury (i.e., she was the only means of actual transmission), her negligence was merely a foreseeable intervening cause set into motion by the negligence of GMRI. 16 See NKC Hospitals, Inc., v. Anthony, 849 S.W.2d 564, 568 (Ky.App.1993) (“A superseding cause is an intervening independent force; however, an intervening cause is not necessarily a superseding cause. | 1 | 1 |
Deutsch v. Sheinred1 sentence2009Bayless v. Boyer, 180 S.W.3d 439, 452 (Ky.2005) (A “party might admit to a deviation from the standard of care but still avoid liability for an injury because the jury determines that the deviation was not the ... proximate cause of the opposing party’s injury.”); Deutsch v. Shein, 597 S.W.2d 141, 143 (Ky.1980) (“Liability for a negligent act follows a finding of proximate or legal cause.”). | 1 | 1 |
American Fidelity Co. v. North British & Mercantile Insurancegreen2 sentences2008Co., 124 Vt. 271 , 204 A.2d 110, 114 (1964) (Shangraw, J., concurring) (opining that the minor deviation rule breeds litigation because it is flexibly applied and offers too many escape hatches). 2008Co., 124 Vt. 271 , 204 A.2d 110, 114 (1964) (Shangraw, J., concurring) (opining that the minor deviation rule breeds litigation because it is flexibly applied and offers too many escape hatches). | 1 | 1 |
Joseph Clemmie Moultrie v. Joseph R. Martin, Wardengreen2 sentences1983See Hazelwood School District v. United States, 433 U.S. 299 , 97 S.Ct. 2736 , 53 L.Ed.2d 768 (1977), and Moultrie v. Martin, supra. Even should we accept the period of two years as significant or accept the census report as a statistical basis for comparison, the appellant has failed to make a prima facie case. 1983See Hazelwood School District v. United States, 433 U.S. 299 , 97 S.Ct. 2736 , 53 L.Ed.2d 768 (1977), and Moultrie v. Martin, supra . | 1 | 1 |
Hazelwood School District v. United Statesgreen2 sentences1983See Hazelwood School District v. United States, 433 U.S. 299 , 97 S.Ct. 2736 , 53 L.Ed.2d 768 (1977), and Moultrie v. Martin, supra. Even should we accept the period of two years as significant or accept the census report as a statistical basis for comparison, the appellant has failed to make a prima facie case. 1983See Hazelwood School District v. United States, 433 U.S. 299 , 97 S.Ct. 2736 , 53 L.Ed.2d 768 (1977), and Moultrie v. Martin, supra. Even should we accept the period of two years as significant or accept the census report as a statistical basis for comparison, the appellant has failed to make a prima facie case. | 1 | 1 |
Harper v. Hartford Accident & Indemnity Co.green2 sentences1977In Harper v. Hartford Accident and Indemnity Co., 14 Wis.2d 500, 507-508 , 111 N.W.2d 480, 485 (1961), the court modified Drewek by stating: “The broad language of Drewek that permission means consent to possession regardless of the use to which the permit-tee puts it has been qualified by the substantial deviation rule which generally applies to purpose for and place to which the car was used and also qualified by implied and express limitations on who can drive the car. 1977In Harper v. Hartford Accident and Indemnity Co., 14 Wis.2d 500, 507-508 , 111 N.W.2d 480, 485 (1961), the court modified Drewek by stating: “The broad language of Drewek that permission means consent to possession regardless of the use to which the permit-tee puts it has been qualified by the substantial deviation rule which generally applies to purpose for and place to which the car was used and also qualified by implied and express limitations on who can drive the car. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Edwards v. Commonwealth
green
2 sentences1953The McClure case is the only deviation from the rule that this court cannot consider errors on appeal to which no exceptions were taken in the trial court, beside Edwards v. Commonwealth, 298 Ky. 366 , 182 S.W.2d 948 , and Anderson v. Com *371 monwealth, 302 Ky. 275 , 194 S.W.2d 530 , which were cases where the penalty of death had been imposed. 1953The McClure case is the only deviation from the rule that this court cannot consider errors on appeal to which no exceptions were taken in the trial court, beside Edwards v. Commonwealth, 298 Ky. 366 , 182 S.W.2d 948 , and Anderson v. Com *371 monwealth, 302 Ky. 275 , 194 S.W.2d 530 , which were cases where the penalty of death had been imposed. | 1 | 1953–1953 |
Anderson v. Commonwealth
green
2 sentences1953The McClure case is the only deviation from the rule that this court cannot consider errors on appeal to which no exceptions were taken in the trial court, beside Edwards v. Commonwealth, 298 Ky. 366 , 182 S.W.2d 948 , and Anderson v. Com *371 monwealth, 302 Ky. 275 , 194 S.W.2d 530 , which were cases where the penalty of death had been imposed. 1953The McClure case is the only deviation from the rule that this court cannot consider errors on appeal to which no exceptions were taken in the trial court, beside Edwards v. Commonwealth, 298 Ky. 366 , 182 S.W.2d 948 , and Anderson v. Com *371 monwealth, 302 Ky. 275 , 194 S.W.2d 530 , which were cases where the penalty of death had been imposed. | 1 | 1953–1953 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.