15 Mississippi opinions name it 2 courts 1995–2006 0 in the last five years
The cases below were cited by Mississippi 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 |
|---|---|---|
Sperry-New Holland v. Prestagegreen2 sentences2002This case is subject only to the procedural provisions of the Act as plaintiffs filed suit on March 2, 1993, clearly before the Act was enacted on July 1, 1993. [1] Plaintiffs submit that it remains unclear what substantive products liability law applied, but argue the risk-utility standard adopted in Sperry-New Holland v. Prestage, 617 So.2d 248 (Miss.1993), is the controlling law. ¶ 17. 2002The majority asserts that Sperry-New Holland v. Prestage, 617 So.2d 248 (Miss.1993), acknowledged Fifth Circuit cases that had stated such, but noted recent cases by the Court that had adopted the risk utility test. | 3 | 15 |
United States v. Carroll Towing Co.green2 sentences2004In Hunter, we relied on United States v. Carroll Towing Co., 159 F.2d 169, 173 (2d Cir.1947), for the proposition that "[t]he risk-utility balancing test is merely a detailed version of Judge Learned Hand's negligence calculus." 729 So.2d at 1277 . 2000In Hunter, we relied on United States v. Carroll Towing Co., 159 F.2d 169, 173 (2d Cir. 1947), for the proposition that "[t]he risk-utility balancing test is merely a detailed version of Judge Learned Hand's negligence calculus." 729 So.2d at 1277 . | 2 | 2 |
Cooper v. General Motors Corp.green2 sentences2002In support, it cites Cooper v. General Motors Corp., 702 So.2d 428, 443 (Miss.1997), which was decided after Prestage . 1998In support, it cites Cooper v. General Motors Corp., 702 So. 2d 428, 443 (Miss. 1997), which was decided after Prestage. | 2 | 2 |
Wolf v. Stanley Worksgreen1 sentence2006In Wolf v. Stanley Works, 757 So.2d 316, 321 (¶ 19) (Miss.Ct.App.2000), this Court stated: Before passage of [the Mississippi Products Liability Act], the supreme court adopted the risk-utility test for determining whether a product contains a design defect. | 1 | 1 |
Dicus v. Republic Paint & Varnish Worksgreen2 sentences1995Dunn v. Jack Walker's Audio Visual Ctr., 544 So.2d 829, 831 (Miss. 1989) ("[E]rrors in jury instructions are deemed, harmless, moot or immaterial ... [where] the jury verdict on the point at issue gave the appealing party the most favorable result he could have received had the trial court handled the point correctly.") See, Dicus v. Republic Paint and Varnish Works, 128 Miss. 189, 192 , 90 So. 729, 730 (1922); Hoover Commercial Co. v. Humphrey, 107 Miss. 810, 820-21 , 66 So. 214 (1914). 1995Dunn v. Jack Walker's Audio Visual Ctr., 544 So.2d 829, 831 (Miss. 1989) ("[E]rrors in jury instructions are deemed, harmless, moot or immaterial ... [where] the jury verdict on the point at issue gave the appealing party the most favorable result he could have received had the trial court handled the point correctly.") See, Dicus v. Republic Paint and Varnish Works, 128 Miss. 189, 192 , 90 So. 729, 730 (1922); Hoover Commercial Co. v. Humphrey, 107 Miss. 810, 820-21 , 66 So. 214 (1914). | 1 | 1 |
Dunn v. Jack Walker's Audio Visual Ctr.green1 sentence1995Dunn v. Jack Walker's Audio Visual Ctr., 544 So.2d 829, 831 (Miss. 1989) ("[E]rrors in jury instructions are deemed, harmless, moot or immaterial ... [where] the jury verdict on the point at issue gave the appealing party the most favorable result he could have received had the trial court handled the point correctly.") See, Dicus v. Republic Paint and Varnish Works, 128 Miss. 189, 192 , 90 So. 729, 730 (1922); Hoover Commercial Co. v. Humphrey, 107 Miss. 810, 820-21 , 66 So. 214 (1914). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Prentis v. Yale Manufacturing Co.
green
2 sentences2003Id. (citing Prentis, 421 Mich. at 687 , 365 N.W.2d at 184 ). 2003Id. (citing Prentis, 421 Mich. at 687 , 365 N.W.2d at 184 ). | 3 | 1996–2003 |
Estate of Hunter v. General Motors Corp.
green
2 sentences2004"An examination of the riskutility [sic] test establishes that the test is essentially a negligence test, and [there was] .... no error in failing to grant a negligence instruction in addition to the risk-utility test." Id. at 1278 . 2000"An examination of the riskutility [sic] test establishes that the test is essentially a negligence test, and [there was]....no error in failing to grant a negligence instruction in addition to the risk- utility test." Id. at 1278 . | 2 | 2000–2004 |
Hall v. Mississippi Chemical Exp., Inc.
green
2 sentences2002It states that two earlier cases, Whittley v. City of Meridian, 530 So.2d 1341 (Miss. 1988), and Hall v. Mississippi Chemical Exp., Inc., 528 So.2d 796 (Miss.1988), clearly adopted the risk utility test. 1998It states that two earlier cases, Whittley v. City of Meridian, 530 So. 2d 1341 (Miss. 1988), and Hall v. Mississippi Chemical Exp., Inc., 528 So. 2d 796 (Miss. 1988), clearly adopted the risk utility test. | 2 | 1998–2002 |
Whittley v. City of Meridian
green
2 sentences2002It states that two earlier cases, Whittley v. City of Meridian, 530 So.2d 1341 (Miss. 1988), and Hall v. Mississippi Chemical Exp., Inc., 528 So.2d 796 (Miss.1988), clearly adopted the risk utility test. 1998It states that two earlier cases, Whittley v. City of Meridian, 530 So. 2d 1341 (Miss. 1988), and Hall v. Mississippi Chemical Exp., Inc., 528 So. 2d 796 (Miss. 1988), clearly adopted the risk utility test. | 2 | 1998–2002 |
Kussman v. v. & G Welding Supply, Inc.
green
2 sentences2002However, this was not so clear, as Kussman v. V & G Welding Supply, Inc., 585 So.2d 700 (Miss.1991), followed those cases and clearly utilized the consumer expectations test. 1998However, this was not so clear, as Kussman v. V&G Welding Supply, Inc., 585 So. 2d 700 (Miss. 1991), followed those cases and clearly utilized the consumer expectations test. | 2 | 1998–2002 |
Seymour v. Brunswick Corp.
green
2 sentences2001Seymour, 655 So.2d at 895 . 1998Seymour, 655 So.2d at 895 . | 2 | 1998–2001 |
Williams v. Briggs Co.
green
1 sentence2006But, it goes without saying that manufacturers cannot make an absolutely safe product, especially for 11-month old children." Id. | 1 | 2006–2006 |
Hoover Commercial Co. v. Humphrey
green
2 sentences1995Dunn v. Jack Walker's Audio Visual Ctr., 544 So.2d 829, 831 (Miss. 1989) ("[E]rrors in jury instructions are deemed, harmless, moot or immaterial ... [where] the jury verdict on the point at issue gave the appealing party the most favorable result he could have received had the trial court handled the point correctly.") See, Dicus v. Republic Paint and Varnish Works, 128 Miss. 189, 192 , 90 So. 729, 730 (1922); Hoover Commercial Co. v. Humphrey, 107 Miss. 810, 820-21 , 66 So. 214 (1914). 1995Dunn v. Jack Walker's Audio Visual Ctr., 544 So.2d 829, 831 (Miss. 1989) ("[E]rrors in jury instructions are deemed, harmless, moot or immaterial ... [where] the jury verdict on the point at issue gave the appealing party the most favorable result he could have received had the trial court handled the point correctly.") See, Dicus v. Republic Paint and Varnish Works, 128 Miss. 189, 192 , 90 So. 729, 730 (1922); Hoover Commercial Co. v. Humphrey, 107 Miss. 810, 820-21 , 66 So. 214 (1914). | 1 | 1995–1995 |
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.