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12 Georgia opinions name it 1 courts 1968–2018 0 in the last five years
The cases below were cited by Georgia 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 |
|---|---|---|
Carrandi v. Sandersgreen2 sentences2018The avoidance doctrine is based on the theory that "the plaintiff must use ordinary care to avoid the consequences of the defendant's negligence when it is apparent or when in the exercise of ordinary care it should become apparent." Carrandi v. Sanders , 188 Ga. App. 562 , 563 (1), 373 S.E.2d 661 (1988) (citation omitted) (physical precedent only). 2018The avoidance doctrine is based on the theory that "the plaintiff must use ordinary care to avoid the consequences of the defendant's negligence when it is apparent or when in the exercise of ordinary care it should become apparent." Carrandi v. Sanders , 188 Ga. App. 562 , 563 (1), 373 S.E.2d 661 (1988) (citation omitted) (physical precedent only). | 1 | 3 |
Endeavour GP, LLC v. Endeavour Highrise, L.P. (In Re Endeavour Highrise, L.P.)green1 sentence2014Feb. 19, 2014) (discussing a motion to dismiss based on missing page in complaint while citing to Rule 12 (b) (4) but analyzing in terms of “insufficient service of process”). 17 See Fairfax v. Wells Fargo Bank, N.A., 312 Ga. App. 171, 173-74 (2) ( 718 SE2d 16 ) (2011) (“Any deficiency in the summons is in the nature of the defense of ‘insufficiency of process.’ ”); accord In re Endeavor Highrise, L.P., 432 B.R. 583, 667 (iii) (Bank. | 1 | 1 |
Fairfax v. Wells Fargo Bank, N.A.green2 sentences2014Feb. 19, 2014) (discussing a motion to dismiss based on missing page in complaint while citing to Rule 12 (b) (4) but analyzing in terms of “insufficient service of process”). 17 See Fairfax v. Wells Fargo Bank, N.A., 312 Ga. App. 171, 173-74 (2) ( 718 SE2d 16 ) (2011) (“Any deficiency in the summons is in the nature of the defense of ‘insufficiency of process.’ ”); accord In re Endeavor Highrise, L.P., 432 B.R. 583, 667 (iii) (Bank. 2014Feb. 19, 2014) (discussing a motion to dismiss based on missing page in complaint while citing to Rule 12 (b) (4) but analyzing in terms of “insufficient service of process”). 17 See Fairfax v. Wells Fargo Bank, N.A., 312 Ga. App. 171, 173-74 (2) ( 718 SE2d 16 ) (2011) (“Any deficiency in the summons is in the nature of the defense of ‘insufficiency of process.’ ”); accord In re Endeavor Highrise, L.P., 432 B.R. 583, 667 (iii) (Bank. | 1 | 1 |
Whatley v. Henrygreen2 sentences1997Comparative negligence is applicable only when the jury has not found either the negligence of the plaintiff or that of the defendant to be the sole proximate cause." (Citations omitted; emphasis in original.) Whatley v. Henry, 65 Ga.App. 668, 674 , 16 S.E.2d 214 (1941); see also Carrandi v. Sanders, 188 Ga.App. 562 , 373 S.E.2d 661 (1988) (clarifying the avoidance doctrine). 1997Comparative negligence is applicable only when the jury has not found either the negligence of the plaintiff or that of the defendant to be the sole proximate cause." (Citations omitted; emphasis in original.) Whatley v. Henry, 65 Ga.App. 668, 674 , 16 S.E.2d 214 (1941); see also Carrandi v. Sanders, 188 Ga.App. 562 , 373 S.E.2d 661 (1988) (clarifying the avoidance doctrine). | 1 | 1 |
Parham v. Roachgreen2 sentences1987See OCGA § 51-11-7; Parham v. Roach, 131 Ga. App. 728, 734-35 (4) ( 206 SE2d 686 ) (1974). 1987See OCGA § 51-11-7; Parham v. Roach, 131 Ga. App. 728, 734-35 (4) ( 206 SE2d 686 ) (1974). | 1 | 1 |
Elsberry v. Lewisgreen2 sentences1984Under such circumstances, no question of avoidance arose. “[W]here there is no evi *422 dence to show that one party could in fact have discovered and avoided the negligence of the other, the instruction [on the avoidance doctrine] is inappropriate and should not be given. [Cit.]” Elsberry v. Lewis, 140 Ga. App. 324, 328 ( 231 SE2d 789 ) (1976). 1984Under such circumstances, no question of avoidance arose. “[W]here there is no evi *422 dence to show that one party could in fact have discovered and avoided the negligence of the other, the instruction [on the avoidance doctrine] is inappropriate and should not be given. [Cit.]” Elsberry v. Lewis, 140 Ga. App. 324, 328 ( 231 SE2d 789 ) (1976). | 1 | 1 |
Moore v. Pricegreen2 sentences1984See generally Moore v. Price, 158 Ga. App. 566 ( 281 SE2d 269 ) (1981). 1984See generally Moore v. Price, 158 Ga. App. 566 ( 281 SE2d 269 ) (1981). | 1 | 1 |
Earl v. Edwardsgreen2 sentences1976See Earl v. Edwards, *150 117 Ga. App. 559 (1), supra. 3. 1976See Earl v. Edwards, 117 Ga. App. 559 (1), supra. 3. | 1 | 1 |
Davis v. Hammockgreen2 sentences1976"In this setting of conflicting evidence, authorizing varied and conflicting inferences, it was error to refuse to give the requested charges [on the avoidance doctrine and the comparative negligence rule].” Davis v. Hammock, 123 Ga. App. 33, 35 ( 179 SE2d 283 ) (1970). 1976"In this setting of conflicting evidence, authorizing varied and conflicting inferences, it was error to refuse to give the requested charges [on the avoidance doctrine and the comparative negligence rule].” Davis v. Hammock, 123 Ga. App. 33, 35 ( 179 SE2d 283 ) (1970). | 1 | 1 |
Thomas v. Barnettgreen2 sentences1974The case of Thomas v. Barnett, 107 Ga. App. 717, 729 (6) ( 131 SE2d 818 ), is not applicable, since in repeating the avoidance rule twice it cannot be said to have unduly stressed the contentions of the defendant. 1974The case of Thomas v. Barnett, 107 Ga. App. 717, 729 (6) ( 131 SE2d 818 ), is not applicable, since in repeating the avoidance rule twice it cannot be said to have unduly stressed the contentions of the defendant. | 1 | 1 |
Anderson v. Williamsgreen2 sentences1968The situation as here shown is clearly distinguishable from the facts for application of the avoidance doctrine as discussed in Anderson v. Williams, 95 Ga. App. 684, 686 ( 98 SE2d 579 ). 1968The situation as here shown is clearly distinguishable from the facts for application of the avoidance doctrine as discussed in Anderson v. Williams, 95 Ga. App. 684, 686 ( 98 SE2d 579 ). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Whitener v. State
green
2 sentences2002In refusing to give the requested charge, the trial court relied on the case of Whitener v. State, 201 Ga. App. 309 ( 410 SE2d 796 ) (1991), in which we held: So long as the defendant’s negligence proximately caused the death of another, the crime has been committed, even if there are other factors which also are proximate causes of the death. 2002In refusing to give the requested charge, the trial court relied on the case of Whitener v. State, 201 Ga. App. 309 ( 410 SE2d 796 ) (1991), in which we held: So long as the defendant’s negligence proximately caused the death of another, the crime has been committed, even if there are other factors which also are proximate causes of the death. | 1 | 2002–2002 |
Hamilton v. Lockridge
green
2 sentences1972Under the, present rules of practice, however, we must construe the pleading in favor of the pleader (Hamilton v. Lockridge, 123 Ga. App. 609 (1) ( 181 SE2d 910 )) and since the pleading has language which bases the defense upon the negligence of the father being the sole proximate cause of the injuries to the child, we must uphold the pleading as against the motion made. 1972Under the, present rules of practice, however, we must construe the pleading in favor of the pleader (Hamilton v. Lockridge, 123 Ga. App. 609 (1) ( 181 SE2d 910 )) and since the pleading has language which bases the defense upon the negligence of the father being the sole proximate cause of the injuries to the child, we must uphold the pleading as against the motion made. | 1 | 1972–1972 |
Atlantic Coast Line Railroad v. Coxwell
green
1 sentence1972The Coxwell case, 93 Ga. App. 159 , supra, is therefore no authority to the contrary of what we have here ruled. | 1 | 1972–1972 |
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.