21 Kentucky opinions name it 3 courts 1938–2022 2 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 |
|---|---|---|
Hilen v. Haysgreen2 sentences2009Clary, 75 S.W.2d at 537 . [15] See Hilen v. Hays, 673 S.W.2d 713, 720 (Ky.1984) (adopting comparative negligence and explaining that "where contributory negligence has previously been a complete defense, it is supplanted by the doctrine of comparative negligence. 2009Clary, 75 S.W.2d at 537 . .See Hilen v. Hays, 673 S.W.2d 713, 720 (Ky.1984) (adopting comparative negligence and explaining that "where contributory negligence has previously been a complete defense, it is supplanted by the doctrine of comparative negligence. | 1 | 13 |
Goetzman v. Wicherngreen2 sentences1986The plaintiff failed to preserve error on the doctrine of comparative negligence.” Id. at 762. (emphasis added). 1986The plaintiff failed to preserve error on the doctrine of comparative negligence. " Id. at 762 . (emphasis added). | 1 | 2 |
NKC Hospitals, Inc. v. Anthonygreen1 sentence2021NKC Hosps., Inc. v. Anthony, 849 S.W.2d 564, 569 (Ky. App. 1993). | 1 | 1 |
Kalland v. North American Van Linesgreen1 sentence2001See Kalland v. North American Van Lines, supra note 30 at 573: Where injuries can properly be apportioned to separate causes based on evidence in the record, there is no occasion to invoke the doctrine of comparative negligence; and if injuries cannot be separately apportioned, then the comparative negligence ratio controls, unaltered by some independent assessment of degree of causation. | 1 | 1 |
Placek v. City of Sterling Heightsgreen2 sentences1986See also, Placek v. City of Sterling Heights, 405 Mich. 638 , 275 N.W.2d 511 (1979); Leigh v. Lundquist, Alaska, 540 P.2d 492 (1975). 1986See also, Placek v. City of Sterling Heights, 405 Mich. 638 , 275 N.W.2d 511 (1979); Leigh v. Lundquist, Alaska, 540 P.2d 492 (1975). | 1 | 1 |
Houchin v. Willow Avenue Realty Companygreen2 sentences1984The last reported opinion from this Court making a clear statement of the rule is Houchin v. Willow Avenue Realty Co., Ky., 453 S.W.2d 560, 563 (1970), stating that "we have not adopted the comparative negligence doctrine in Kentucky . . ." There have been several reported cases since Houchin in which our intermediate appellate court was asked to consider the comparative negligence alternative but held, quite properly, that if previous decisions upholding contributory negligence as a complete defense are to be overruled, the decision would have to emanate from the Supreme Court. 1984The last reported opinion from this Court making a clear statement of the rule is Houchin v. Willow Avenue Realty Co., Ky., 453 S.W.2d 560, 563 (1970), stating that “we have not adopted the comparative negligence doctrine in Kentucky ...” There have been several reported cases since Houchin in which our intermediate appellate court was asked to consider the comparative negligence alternative but held, quite properly, that if previous decisions upholding contributory negligence as a complete defense are to be overruled, the decision would have to emanate from the Supreme Court. | 1 | 1 |
Walker v. Kroger Grocery & Baking Co.green2 sentences1971See Walker v. Kroger Grocery & Baking Co., 214 Wis. 519 , 252 N.W. 721 , 92 A.L.R. 680 . 1971See Walker v. Kroger Grocery & Baking Co., 214 Wis. 519 , 252 N.W. 721 , 92 A.L.R. 680 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Reda Pump Co., a Div. of TRW, Inc. v. Finck
green
2 sentences1991This would be a complete bar to the award of damages for the second roof collapse, or a partial bar, depending on whether the comparative negligence principle announced in Hilen v. Hays, Ky., 673 S.W.2d 713 (1984), applies to this case. 3) Nucor contends that the jury finding of contributory fault against General Electric in connection with the second roof collapse should be a complete bar to recovery for the compensatory damages assigned to the second roof collapse, rather than only a 20% bar under the comparative fault principle established in Hilen v. Hays, supra. Reda Pump Co., a Div. of T 1989It provided: “In any product liability action, if the plaintiff failed to exercise ordinary care in the circumstances in his use of the product, and such failure was a substantial cause of the occurrence that caused injury or damage to the plaintiff, the defendant shall not be liable whether or not said defendant was at fault or the product was defective.” In Reda Pump Co., Etc. v. Finck, Ky., 713 S.W.2d 818 (1986), we held that despite the adoption of the comparative negligence rule by this court, K.R.S. 411.320(3) prohibited recovery in a products-liability action by a plaintiff who was cont | 2 | 1989–1991 |
Nga Li v. Yellow Cab Co.
green
1 sentence2015In such cases contributory negligence will not bar recovery but shall reduce the total amount of the award in the proportion that the claimant’s contributory negligence bears to the total negligence that caused the damages.” Id. at 720 . | 1 | 2015–2015 |
Owens v. Clary
green
2 sentences2009Clary, 75 S.W.2d at 537 . [15] See Hilen v. Hays, 673 S.W.2d 713, 720 (Ky.1984) (adopting comparative negligence and explaining that "where contributory negligence has previously been a complete defense, it is supplanted by the doctrine of comparative negligence. 2009Clary, 75 S.W.2d at 537 . .See Hilen v. Hays, 673 S.W.2d 713, 720 (Ky.1984) (adopting comparative negligence and explaining that "where contributory negligence has previously been a complete defense, it is supplanted by the doctrine of comparative negligence. | 1 | 2009–2009 |
Stratton v. Parker
green
2 sentences1993Under Stratton v. Parker, Ky., 793 S.W.2d 817 (1990), one side or the other will invariably get a windfall. 1993Under Stratton v. Parker, Ky., 793 S.W.2d 817 (1990), one side or the other will invariably get a windfall. | 1 | 1993–1993 |
Leigh v. Lundquist
green
2 sentences1986See also, Placek v. City of Sterling Heights, 405 Mich. 638 , 275 N.W.2d 511 (1979); Leigh v. Lundquist, Alaska, 540 P.2d 492 (1975). 1986See also, Placek v. City of Sterling Heights, 405 Mich. 638 , 275 N.W.2d 511 (1979); Leigh v. Lundquist, Alaska, 540 P.2d 492 (1975). | 1 | 1986–1986 |
MacKey v. Greenview Hospital, Inc.
green
2 sentences1984Mackey v. Greenview Hospital, Inc., Ky.App., 587 S.W.2d 249 (1979); Vinson v. Gobrecht, Ky.App., 560 S.W.2d 242 (1977). 1984Mackey v. Greenview Hospital, Inc., Ky.App., 587 S.W.2d 249 (1979); Vinson v. Gobrecht, Ky.App., 560 S.W.2d 242 (1977). | 1 | 1984–1984 |
Vinson v. Gobrecht
green
2 sentences1984Mackey v. Greenview Hospital, Inc., Ky.App., 587 S.W.2d 249 (1979); Vinson v. Gobrecht, Ky.App., 560 S.W.2d 242 (1977). 1984Mackey v. Greenview Hospital, Inc., Ky.App., 587 S.W.2d 249 (1979); Vinson v. Gobrecht, Ky.App., 560 S.W.2d 242 (1977). | 1 | 1984–1984 |
Gustafson v. Benda
green
2 sentences1984We conclude, as did the Missouri court in Gustafson v. Benda, supra , and the Iowa court in Goetzman v. Wichern, supra , that the comparative negligence doctrine shall apply to: 1) The present case; 2) All cases tried or retried after the date of filing of this opinion; and 3) All cases pending, including appeals, in which the issue has been preserved. 1984We conclude, as did the Missouri court in Gustafson v. Benda, supra, and the Iowa court in Goetzman v. Wickern, supra, that the comparative negligence doctrine shall apply to: 1) The present case; 2) AH cases tried or retried after the date of filing of this opinion; and 3) All cases pending, including appeals, in which the issue has been preserved. | 1 | 1984–1984 |
Louisville & Nashville Railroad v. Heinig's Administratrix
neutral
2 sentences1938This court, in the case of Louisville & Nashville Rail *333 road Company v. Heinig’s Administratrix, 162 Ky. 14 , 171 S. W. 853 , in speaking of contributory negligence as a bar to an action brought under the Federal Employers’ Liability Act, 45 U. S. C. 1938This court, in the case of Louisville & Nashville Rail *333 road Company v. Heinig’s Administratrix, 162 Ky. 14 , 171 S. W. 853 , in speaking of contributory negligence as a bar to an action brought under the Federal Employers’ Liability Act, 45 U. S. C. | 1 | 1938–1938 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.