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16 Alaska opinions name it 1 courts 1975–2008 0 in the last five years
The cases below were cited by Alaska 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 |
|---|---|---|
Kaatz v. Stategreen2 sentences1991To give continued life to that principle would defeat the very purpose of the comparative negligence rule the apportionment of damages according to the degree of mutual fault." Id. at 1050 . 1991To give continued life to that principle would defeat the very purpose of the comparative negligence rule — the apportionment of damages according to the degree of mutual fault.” Id. at 1050 . | 5 | 6 |
Ferrell v. Baxtergreen2 sentences2008See Ferrell, 484 P.2d at 259 (traffic laws "set the standard of a reasonable man and thereby require a finding of negligence in a tort action if the plaintiff can prove that the defendant committed an unexcused violation"). 45 . 1976In view of the adoption of the doctrine of comparative negligence, I would overrule Ferrell, Breitkreutz and their progeny following the negligence per se standard and announce, at the very least, that in future cases we would follow the “evidence of negligence” path. . 484 P.2d 250 (Alaska 1971). . 514 P.2d 17 (Alaska 1973). . | 2 | 2 |
Vance v. United Statesgreen2 sentences2008Serv., Inc., 401 P.2d 430, 435-36 (Alaska 1965) (finding no error in the trial court's comparative negligence instruction despite evidence showing that defendant was driving more slowly than the posted speed limit); Vance v. United States, 355 F.Supp. 756, 760 (D.Alaska 1973) ("Compliance with the statute does not relieve defendant from liability if defendant was negligent in failing to take additional precautions.”); see also Restatement (Second) of Torts § 288C (1965) ("Compliance with a legislative enactment or an administrative regulation does not prevent a finding of negligence where a re 1991See, e.g., Lyons v. Nasby, 770 P.2d 1250, 1259 (Colo.1989) (to prohibit defendant tavern owner from asserting the comparative negligence defense runs counter to the traditional tort principle that there be fault on the defendant’s part and that this fault contribute to a plaintiff’s harm); Sagadin v. Ripper, 175 Cal.App.3d 1141 , 221 Cal.Rptr. 675 (1985). 1 The majority relies on Vance v. United States, 355 F.Supp. 756 (D.Alaska 1973), and Morris v. Farley Enters., 661 P.2d 167 (Alaska 1983), for the general proposition that we have been unwilling to consider a minor’s contributory negligence | 1 | 2 |
Butaud v. Suburban Marine & Sporting Goods, Inc.green2 sentences1998See id. at 403. 6 Dura ⅛ language represents the law of this state as it was established in Butaud v. Suburban Marine & Sporting Goods, Inc., 555 P.2d 42, 46 (Alaska 1976). 1984Goods, Inc., 555 P.2d 42 (Alaska 1976), we held that the comparative negligence defense is applicable to strict liability cases. | 1 | 2 |
Nga Li v. Yellow Cab Co.green2 sentences1979The Supreme Court of California also has directly addressed this issue. [24] Li v. Yellow Cab Company, 13 Cal.3d 804 , 119 Cal. Rptr. 858 , 532 P.2d 1226 (1975), abrogated the doctrine of contributory negligence in California and replaced it with a comparative negligence rule of liability. 1979The Supreme Court of California also has directly addressed this issue. [24] Li v. Yellow Cab Company, 13 Cal.3d 804 , 119 Cal. Rptr. 858 , 532 P.2d 1226 (1975), abrogated the doctrine of contributory negligence in California and replaced it with a comparative negligence rule of liability. | 1 | 2 |
Hoffman v. Jonesgreen2 sentences1979Hoffman v. Jones, 280 So.2d 431, 439 (Fla. 1973). [22] Fla. Stat. § 768.31 (1975). [23] Lincenberg v. Issen, 318 So.2d 386, 393-94 (Fla. 1975). 1975In many instances the rule has been adopted through legislative action, but increasingly it is perceived that a rule which is judicial in origin can be, and appropriately should be, 25 altered by the institution which was its creator. 26 Thus Florida in Hoffman v. Jones, 280 So.2d 431 (Fla.1973), and California in Li v. Yellow Cab Co., 13 Cal.3d 804 , 119 Cal. Rptr. 858 , 532 P.2d 1226 (1975), through the judicial process have overturned the contributory negligence rule and have replaced it with the comparative negligence principle. | 1 | 2 |
Meyst v. East Fifth Avenue Service, Inc.green1 sentence2008Serv., Inc., 401 P.2d 430, 435-36 (Alaska 1965) (finding no error in the trial court's comparative negligence instruction despite evidence showing that defendant was driving more slowly than the posted speed limit); Vance v. United States, 355 F.Supp. 756, 760 (D.Alaska 1973) ("Compliance with the statute does not relieve defendant from liability if defendant was negligent in failing to take additional precautions.”); see also Restatement (Second) of Torts § 288C (1965) ("Compliance with a legislative enactment or an administrative regulation does not prevent a finding of negligence where a re | 1 | 1 |
Smith v. Ingersoll-Rand Co.green1 sentence2007See Smith v. Ingersoll-Rand Co., 14 P.3d 990, 992-93 (Alaska 2000) (recognizing that, under AS 09.17.060, Alaska relies on a system of comparative fault similar to the doctrine of comparative negligence). 32 . | 1 | 1 |
Caterpillar Tractor Co. v. Beckgreen1 sentence1998“Where two issues are interwoven and not reasonably divisible ... a new trial on both issues is required.” Caterpillar Tractor Co. v. Beck, 624 P.2d 790, 795 (Alaska 1981). | 1 | 1 |
City of Cordova v. Medicaid Rate Commissiongreen1 sentence1991In 1986, six years after the most recent inherent risk of skiing statute was passed (Ch. 80, SLA 1980), our legislature enacted a comparative negligence statute. 17 While we generally give preference to a specific statute over a more general one, City of Cordova v. Medicaid Rate Comm’n., 789 P.2d 346, 352 (Alaska 1990), we must harmonize the two statutes if possible. | 1 | 1 |
Sagadin v. Rippergreen2 sentences1991See, e.g., Lyons v. Nasby, 770 P.2d 1250, 1259 (Colo.1989) (to prohibit defendant tavern owner from asserting the comparative negligence defense runs counter to the traditional tort principle that there be fault on the defendant’s part and that this fault contribute to a plaintiff’s harm); Sagadin v. Ripper, 175 Cal.App.3d 1141 , 221 Cal.Rptr. 675 (1985). 1 The majority relies on Vance v. United States, 355 F.Supp. 756 (D.Alaska 1973), and Morris v. Farley Enters., 661 P.2d 167 (Alaska 1983), for the general proposition that we have been unwilling to consider a minor’s contributory negligence 1991See, e.g., Lyons v. Nasby, 770 P.2d 1250, 1259 (Colo.1989) (to prohibit defendant tavern owner from asserting the comparative negligence defense runs counter to the traditional tort principle that there be fault on the defendant’s part and that this fault contribute to a plaintiff’s harm); Sagadin v. Ripper, 175 Cal.App.3d 1141 , 221 Cal.Rptr. 675 (1985). 1 The majority relies on Vance v. United States, 355 F.Supp. 756 (D.Alaska 1973), and Morris v. Farley Enters., 661 P.2d 167 (Alaska 1983), for the general proposition that we have been unwilling to consider a minor’s contributory negligence | 1 | 1 |
Lyons v. Nasbygreen2 sentences1991See, e.g., Lyons v. Nasby, 770 P.2d 1250, 1259 (Colo. 1989) (to prohibit defendant tavern owner from asserting the comparative negligence defense runs counter to the traditional tort principle that there be fault on the defendant's part and that this fault contribute to a plaintiff's harm); Sagadin v. Ripper, 175 Cal. App.3d 1141 , 221 Cal. Rptr. 675 (1985). [1] The majority relies on Vance v. United States, 355 F. Supp. 756 (D.Alaska 1973), and Morris v. Farley Enters., 661 P.2d 167 (Alaska 1983), for the general proposition that we have been unwilling to consider a minor's contributory negli 1991See, e.g., Lyons v. Nasby, 770 P.2d 1250, 1259 (Colo.1989) (to prohibit defendant tavern owner from asserting the comparative negligence defense runs counter to the traditional tort principle that there be fault on the defendant’s part and that this fault contribute to a plaintiff’s harm); Sagadin v. Ripper, 175 Cal.App.3d 1141 , 221 Cal.Rptr. 675 (1985). 1 The majority relies on Vance v. United States, 355 F.Supp. 756 (D.Alaska 1973), and Morris v. Farley Enters., 661 P.2d 167 (Alaska 1983), for the general proposition that we have been unwilling to consider a minor’s contributory negligence | 1 | 1 |
Lincenberg v. Issengreen1 sentence1979Hoffman v. Jones, 280 So.2d 431, 439 (Fla. 1973). [22] Fla. Stat. § 768.31 (1975). [23] Lincenberg v. Issen, 318 So.2d 386, 393-94 (Fla. 1975). | 1 | 1 |
American Motorcycle Assn. v. Superior Courtgreen2 sentences1979Id., 146 Cal. Rptr. at 188-189, 578 P.2d at 905-06 (citations omitted) (footnote omitted). [27] However, we have considered and reject judicial creation of a partial indemnity rule of law, adopted by the California Supreme Court in American Motorcycle Ass'n v. Superior Court, 20 Cal.3d 578 , 146 Cal. Rptr. 182, 195 , 578 P.2d 899, 912 (1978). [28] See note 26 supra. [29] See State v. Guinn, 555 P.2d 530 , 547 n. 42 (Alaska 1976) (recognizing that judicial adoption of the doctrine of comparative negligence in Kaatz v. State, 540 P.2d 1037, 1042 (Alaska 1975), will require legislative amendment 1979Id., 146 Cal. Rptr. at 188-189, 578 P.2d at 905-06 (citations omitted) (footnote omitted). [27] However, we have considered and reject judicial creation of a partial indemnity rule of law, adopted by the California Supreme Court in American Motorcycle Ass'n v. Superior Court, 20 Cal.3d 578 , 146 Cal. Rptr. 182, 195 , 578 P.2d 899, 912 (1978). [28] See note 26 supra. [29] See State v. Guinn, 555 P.2d 530 , 547 n. 42 (Alaska 1976) (recognizing that judicial adoption of the doctrine of comparative negligence in Kaatz v. State, 540 P.2d 1037, 1042 (Alaska 1975), will require legislative amendment | 1 | 1 |
Tenore v. Nu Car Carriers, Inc.green2 sentences1976See also United States v. English, 521 F.2d 63 (9th Cir.1975); Turcotte v. Ford Motor Co., 494 F.2d 173, 184-186 (1st Cir.1974); Tenore v. Nu Car Carriers, Inc., 67 N.J. 466 , 341 A.2d 613, 623-629 (1975); Floyd v. Fruit Industries, Inc., 144 Conn. 659 , 136 A.2d 918, 925-926 (1957); Dempsey v. Thompson, 363 Mo. 339 , 251 S.W.2d 42, 44-46 (1952). 1976See also United States v. English, 521 F.2d 63 (9th Cir.1975); Turcotte v. Ford Motor Co., 494 F.2d 173, 184-186 (1st Cir.1974); Tenore v. Nu Car Carriers, Inc., 67 N.J. 466 , 341 A.2d 613, 623-629 (1975); Floyd v. Fruit Industries, Inc., 144 Conn. 659 , 136 A.2d 918, 925-926 (1957); Dempsey v. Thompson, 363 Mo. 339 , 251 S.W.2d 42, 44-46 (1952). | 1 | 1 |
Dempsey v. Thompsongreen2 sentences1976See also United States v. English, 521 F.2d 63 (9th Cir.1975); Turcotte v. Ford Motor Co., 494 F.2d 173, 184-186 (1st Cir.1974); Tenore v. Nu Car Carriers, Inc., 67 N.J. 466 , 341 A.2d 613, 623-629 (1975); Floyd v. Fruit Industries, Inc., 144 Conn. 659 , 136 A.2d 918, 925-926 (1957); Dempsey v. Thompson, 363 Mo. 339 , 251 S.W.2d 42, 44-46 (1952). 1976See also United States v. English, 521 F.2d 63 (9th Cir.1975); Turcotte v. Ford Motor Co., 494 F.2d 173, 184-186 (1st Cir.1974); Tenore v. Nu Car Carriers, Inc., 67 N.J. 466 , 341 A.2d 613, 623-629 (1975); Floyd v. Fruit Industries, Inc., 144 Conn. 659 , 136 A.2d 918, 925-926 (1957); Dempsey v. Thompson, 363 Mo. 339 , 251 S.W.2d 42, 44-46 (1952). | 1 | 1 |
Robert L. Turcotte, Administrator of the Estate of Gerard P. Turcotte v. Ford Motor Companygreen1 sentence1976See also United States v. English, 521 F.2d 63 (9th Cir.1975); Turcotte v. Ford Motor Co., 494 F.2d 173, 184-186 (1st Cir.1974); Tenore v. Nu Car Carriers, Inc., 67 N.J. 466 , 341 A.2d 613, 623-629 (1975); Floyd v. Fruit Industries, Inc., 144 Conn. 659 , 136 A.2d 918, 925-926 (1957); Dempsey v. Thompson, 363 Mo. 339 , 251 S.W.2d 42, 44-46 (1952). | 1 | 1 |
United States v. Alice L. Englishgreen1 sentence1976See also United States v. English, 521 F.2d 63 (9th Cir.1975); Turcotte v. Ford Motor Co., 494 F.2d 173, 184-186 (1st Cir.1974); Tenore v. Nu Car Carriers, Inc., 67 N.J. 466 , 341 A.2d 613, 623-629 (1975); Floyd v. Fruit Industries, Inc., 144 Conn. 659 , 136 A.2d 918, 925-926 (1957); Dempsey v. Thompson, 363 Mo. 339 , 251 S.W.2d 42, 44-46 (1952). | 1 | 1 |
Floyd v. Fruit Industries, Inc.green2 sentences1976See also United States v. English, 521 F.2d 63 (9th Cir.1975); Turcotte v. Ford Motor Co., 494 F.2d 173, 184-186 (1st Cir.1974); Tenore v. Nu Car Carriers, Inc., 67 N.J. 466 , 341 A.2d 613, 623-629 (1975); Floyd v. Fruit Industries, Inc., 144 Conn. 659 , 136 A.2d 918, 925-926 (1957); Dempsey v. Thompson, 363 Mo. 339 , 251 S.W.2d 42, 44-46 (1952). 1976See also United States v. English, 521 F.2d 63 (9th Cir.1975); Turcotte v. Ford Motor Co., 494 F.2d 173, 184-186 (1st Cir.1974); Tenore v. Nu Car Carriers, Inc., 67 N.J. 466 , 341 A.2d 613, 623-629 (1975); Floyd v. Fruit Industries, Inc., 144 Conn. 659 , 136 A.2d 918, 925-926 (1957); Dempsey v. Thompson, 363 Mo. 339 , 251 S.W.2d 42, 44-46 (1952). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alaska. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ardinger v. Hummell
green
1 sentence2007Ardinger, 982 P.2d at 735 (quoting W. | 1 | 2007–2007 |
Morris v. Farley Enterprises, Inc.
green
2 sentences1991See, e.g., Lyons v. Nasby, 770 P.2d 1250, 1259 (Colo. 1989) (to prohibit defendant tavern owner from asserting the comparative negligence defense runs counter to the traditional tort principle that there be fault on the defendant's part and that this fault contribute to a plaintiff's harm); Sagadin v. Ripper, 175 Cal. App.3d 1141 , 221 Cal. Rptr. 675 (1985). [1] The majority relies on Vance v. United States, 355 F. Supp. 756 (D.Alaska 1973), and Morris v. Farley Enters., 661 P.2d 167 (Alaska 1983), for the general proposition that we have been unwilling to consider a minor's contributory negli 1991See, e.g., Lyons v. Nasby, 770 P.2d 1250, 1259 (Colo.1989) (to prohibit defendant tavern owner from asserting the comparative negligence defense runs counter to the traditional tort principle that there be fault on the defendant’s part and that this fault contribute to a plaintiff’s harm); Sagadin v. Ripper, 175 Cal.App.3d 1141 , 221 Cal.Rptr. 675 (1985). 1 The majority relies on Vance v. United States, 355 F.Supp. 756 (D.Alaska 1973), and Morris v. Farley Enters., 661 P.2d 167 (Alaska 1983), for the general proposition that we have been unwilling to consider a minor’s contributory negligence | 1 | 1991–1991 |
Dura Corp. v. Harned
green
1 sentence1986Dura, 703 P.2d at 404-05 . | 1 | 1986–1986 |
Bielski v. Schulze
green
2 sentences1979Bielski v. Schulze, 16 Wis.2d 1 , 114 N.W.2d 105 (1962). 1979Bielski v. Schulze, 16 Wis.2d 1 , 114 N.W.2d 105 (1962). | 1 | 1979–1979 |
Luque v. McLean
green
2 sentences1979COMPARATIVE NEGLIGENCE The trial court ruled that it would adopt the doctrine of comparative negligence. 53 The judge instructed the jury that if decedent Deraid Beck “voluntarily and unreasonably assumed” a known risk of injury because of the alleged design defect, 54 the jury should then reduce his damages by comparing “in percentage terms decedent’s own fault which has contributed to his death with the fault of the manufacturer in placing a defective product on the market.” 55 We held in Butaud I 56 that the defense of contributory negligence “depends on proving the user’s actual awareness 1979COMPARATIVE NEGLIGENCE The trial court ruled that it would adopt the doctrine of comparative negligence. 53 The judge instructed the jury that if decedent Deraid Beck “voluntarily and unreasonably assumed” a known risk of injury because of the alleged design defect, 54 the jury should then reduce his damages by comparing “in percentage terms decedent’s own fault which has contributed to his death with the fault of the manufacturer in placing a defective product on the market.” 55 We held in Butaud I 56 that the defense of contributory negligence “depends on proving the user’s actual awareness | 1 | 1979–1979 |
State v. Guinn
green
1 sentence1979Id., 146 Cal. Rptr. at 188-189, 578 P.2d at 905-06 (citations omitted) (footnote omitted). [27] However, we have considered and reject judicial creation of a partial indemnity rule of law, adopted by the California Supreme Court in American Motorcycle Ass'n v. Superior Court, 20 Cal.3d 578 , 146 Cal. Rptr. 182, 195 , 578 P.2d 899, 912 (1978). [28] See note 26 supra. [29] See State v. Guinn, 555 P.2d 530 , 547 n. 42 (Alaska 1976) (recognizing that judicial adoption of the doctrine of comparative negligence in Kaatz v. State, 540 P.2d 1037, 1042 (Alaska 1975), will require legislative amendment | 1 | 1979–1979 |
Butaud v. Suburban Marine & Sporting Goods, Inc.
green
2 sentences1979COMPARATIVE NEGLIGENCE The trial court ruled that it would adopt the doctrine of comparative negligence. 53 The judge instructed the jury that if decedent Deraid Beck “voluntarily and unreasonably assumed” a known risk of injury because of the alleged design defect, 54 the jury should then reduce his damages by comparing “in percentage terms decedent’s own fault which has contributed to his death with the fault of the manufacturer in placing a defective product on the market.” 55 We held in Butaud I 56 that the defense of contributory negligence “depends on proving the user’s actual awareness 1979COMPARATIVE NEGLIGENCE The trial court ruled that it would adopt the doctrine of comparative negligence. [53] The judge instructed the jury that if decedent Derald Beck "voluntarily and unreasonably assumed" a known risk of injury because of the alleged design defect, [54] the *888 jury should then reduce his damages by comparing "in percentage terms decedent's own fault which has contributed to his death with the fault of the manufacturer in placing a defective product on the market." [55] We held in Butaud I [56] that the defense of contributory negligence "depends on proving the user's actu | 1 | 1979–1979 |
| Sloan v. Atlantic Richfield Company green | 1 | 1976–1976 |
Lucas v. Southern Pacific Co.
green
2 sentences1976This “annuity analysis” was used in one California decision cited by appellant, Lúeas v. Southern Pacific R.R., 19 Cal.App.3d 124 , 96 Cal.Rptr. 356 (1971). .We are cognizant that this court’s adoption of the doctrine of comparative negligence in Kaatg v. State, 540 P.2d 1037, 1042 (Alaska 1975), will require amendment of Alaska’s Uniform Contribution Among Tortfeasors Act (AS 09.10.010). . 434 P.2d 665 (Alaska 1967). 1976This “annuity analysis” was used in one California decision cited by appellant, Lúeas v. Southern Pacific R.R., 19 Cal.App.3d 124 , 96 Cal.Rptr. 356 (1971). .We are cognizant that this court’s adoption of the doctrine of comparative negligence in Kaatg v. State, 540 P.2d 1037, 1042 (Alaska 1975), will require amendment of Alaska’s Uniform Contribution Among Tortfeasors Act (AS 09.10.010). . 434 P.2d 665 (Alaska 1967). | 1 | 1976–1976 |
| Clabaugh v. Bottcher green | 1 | 1976–1976 |
McLinn v. Kodiak Electric Association, Inc.
green
1 sentence1976McLinn v. Kodiak Electric Association, Inc., 546 P.2d 1305 (Alaska 1976); Clabaugh v. Bottcher, 545 P.2d 172 (Alaska 1976). . 484 P.2d 250, 271 (Alaska 1971). . | 1 | 1976–1976 |
Beaulieu v. Elliott
green
2 sentences1976This “annuity analysis” was used in one California decision cited by appellant, Lúeas v. Southern Pacific R.R., 19 Cal.App.3d 124 , 96 Cal.Rptr. 356 (1971). .We are cognizant that this court’s adoption of the doctrine of comparative negligence in Kaatg v. State, 540 P.2d 1037, 1042 (Alaska 1975), will require amendment of Alaska’s Uniform Contribution Among Tortfeasors Act (AS 09.10.010). . 434 P.2d 665 (Alaska 1967). 1976Since the issue is not raised in the instant appeal, we deemed inappropriate any comment on the merits of such contention. [41] This "annuity analysis" was used in one California decision cited by appellant, Lucas v. Southern Pacific R.R., 19 Cal. App.3d 124 , 96 Cal. Rptr. 356 (1971). [42] We are cognizant that this court's adoption of the doctrine of comparative negligence in Kaatz v. State, 540 P.2d 1037, 1042 (Alaska 1975), will require amendment of Alaska's Uniform Contribution Among Tortfeasors Act (AS 09.10.010). [1] 434 P.2d 665 (Alaska 1967). [2] Comment "Wrongful Death Damages," 47 M | 1 | 1976–1976 |
Breitkreutz v. Baker
green
1 sentence1976In view of the adoption of the doctrine of comparative negligence, I would overrule Ferrell, Breitkreutz and their progeny following the negligence per se standard and announce, at the very least, that in future cases we would follow the “evidence of negligence” path. . 484 P.2d 250 (Alaska 1971). . 514 P.2d 17 (Alaska 1973). . | 1 | 1976–1976 |
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.