15 Michigan opinions name it 2 courts 1996–2023 8 in the last five years
The cases below were cited by Michigan 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 |
|---|---|---|
Riddle v. McLouth Steel Products Corp.green2 sentences2023Before the release of Kandil-Elsayed, the application of open and obvious was merely “a defensive doctrine that attacks the duty element that a plaintiff must establish in a prima facie negligence case.” Riddle v McLouth Steel Products Corp, 440 Mich 85, 95-96 ; 485 NW2d 676 (1992). 2023Before the release of Kandil-Elsayed, the application of open and obvious was merely “a defensive doctrine that attacks the duty element that a plaintiff must establish in a prima facie negligence case.” Riddle v McLouth Steel Products Corp, 440 Mich 85, 95-96 ; 485 NW2d 676 (1992). | 2 | 12 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Susan Blackwell v. Dean Franchi
green
1 sentence2019We disagree. -6- In Blackwell v Franchi, 502 Mich 918 ; 914 NW2d 900 (2018), our Supreme Court clarified when the open and obvious doctrine applies: On the other hand, “the ‘no duty to warn of open and obvious danger’ rule is a defensive doctrine that attacks the duty element that a plaintiff must establish in a prima facie negligence case.” Riddle v McLouth Steel Products Corp, 440 Mich 85, 95-96 ; 485 NW2d 676 (1992). | 1 | 2019–2019 |
Conagra, Inc v. Farmers State Bank
green
2 sentences2015Indeed, it has been said that “[e]quitable estoppel is not an independent cause of action, but instead a doctrine that may assist a party by precluding the opposing party from asserting or denying the existence of a particular fact.” Conagra, Inc v Farmers State Bank, 237 Mich App 109, 140-141 ; 602 NW2d 390 (1999). 2015Indeed, it has been said that “[e]quitable estoppel is not an independent cause of action, but instead a doctrine that may assist a party by precluding the opposing party from asserting or denying the existence of a particular fact.” Conagra, Inc v Farmers State Bank, 237 Mich App 109, 140-141 ; 602 NW2d 390 (1999). | 1 | 2015–2015 |
Bertrand v. Alan Ford, Inc.
green
1 sentence2005Id. at 612 . | 1 | 2005–2005 |
O'Neill v. Daniels
green
2 sentences1996In O’Neill v Daniels, 135 AD2d 1076 ; 523 NYS2d 264 (1987), the plaintiff was injured "when he was struck in the eye by a softball thrown by the defendant, a teammate, during 'warm-up’ activities prior to an amateur softball game.” Upholding summary disposition, the appellate court applied a legal standard that seems indistinguishable from Michigan jurisprudence: "Traditionally, the participant’s conduct was conveniently analyzed in terms of the defensive doctrine of assumption of risk. 1996In O’Neill v Daniels, 135 AD2d 1076 ; 523 NYS2d 264 (1987), the plaintiff was injured "when he was struck in the eye by a softball thrown by the defendant, a teammate, during 'warm-up’ activities prior to an amateur softball game.” Upholding summary disposition, the appellate court applied a legal standard that seems indistinguishable from Michigan jurisprudence: "Traditionally, the participant’s conduct was conveniently analyzed in terms of the defensive doctrine of assumption of risk. | 1 | 1996–1996 |
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.