foreseeability test (Mississippi) · Go Syfert
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foreseeability test in Mississippi

12 Mississippi opinions name it 2 courts 1971–2021 1 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.

Followed or applied (4)

CaseFollowedCited
George Ready, II v. RWI Transportation, LLCgreen
miss · 2016 · cited in 1 Mississippi opinions naming this issue, 2019–2019
1 sentence

2019See Ready v. RWI Transp., LLC, 203 So. 3d 590, 594 (¶ 9) (Miss. 2016) (“While duty and causation both involve a foreseeability analysis, duty is an issue of law, and causation is generally a matter for the jury.” (citing W.

11
Robison v. McDowellgreen
miss · 1971 · cited in 1 Mississippi opinions naming this issue, 2016–2016
1 sentence

2016Robison, 247 So.2d at 686. *595 The requirements of the law as to foreseeability can probably be better expressed in terms of how far the responsibility of an actor extends.

11
Simpson v. Boydgreen
miss · 2004 · cited in 1 Mississippi opinions naming this issue, 2012–2012
1 sentence

2012Simpson, 880 So.2d at 1051 (¶ 14) (holding plaintiff can prove foreseeability by showing “the defendant had actual or constructive knowledge of the assailant’s violent nature”).

11
Matthews v. Thompsongreen
miss · 1957 · cited in 1 Mississippi opinions naming this issue, 2005–2005
2 sentences

2005To confuse matters even more, this Court has quoted with approval the following provision from a legal treatise: “If the actor’s conduct is a substantial factor in bringing about harm to another, the fact that the actor neither foresaw nor should have foreseen the extent of the harm or the manner in which it occurred does not prevent him from being liable.” Section 435, Restatement, Law of Torts. 22 Matthews v. Thompson, 231 Miss. 258 , 95 So. 2d 438, 448 (1957).

2005To confuse matters even more, this Court has quoted with approval the following provision from a legal treatise: “If the actor’s conduct is a substantial factor in bringing about harm to another, the fact that the actor neither foresaw nor should have foreseen the extent of the harm or the manner in which it occurred does not prevent him from being liable.” Section 435, Restatement, Law of Torts. 22 Matthews v. Thompson, 231 Miss. 258 , 95 So. 2d 438, 448 (1957).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Laborers Local 17 Health And Benefit Fund v. Philip Morris, Inc. green
ca2 · 1998
2 sentences

2004As a general rule, proximate cause requires that both be present" Id. at 236 .

2004Laborers Local 17, 191 F.3d at 235-36 . ¶ 23.

22001–2004
Kilgore v. Fuller green
missctapp · 1999
1 sentence

2021“It would be unfair to require under the foreseeability test that the initial child- support award include anticipated future increased expenses.” Id.

12021–2021
Varner v. Varner green
miss · 1991
1 sentence

2020Id.

12020–2020
Illinois Cent. R. Co. v. Bloodworth green
· 1933
1 sentence

2012Moreover, the foreseeability inquiry is not governed by hindsight, "weighed on jewelers’ scales, nor calculated by the expert mind of the philosopher,” but instead focuses on “what is likely to happen, — from cause to probable effect.” Mauney, 9 So.2d at 781 (quoting Bloodworth, 145 So. at 336 ).

12012–2012
World-Wide Volkswagen Corp. v. Woodson green
scotus · 1980
2 sentences

1988The due process analysis of personal jurisdiction has one other component, a foreseeability test deriving from World-wide Volkswagen Corp. v. Woodson, 444 U.S. *1027 286, 100 S.Ct. 559 , 62 L.Ed.2d 490 (1980).

1988The due process analysis of personal jurisdiction has one other component, a foreseeability test deriving from World-wide Volkswagen Corp. v. Woodson, 444 U.S. *1027 286, 100 S.Ct. 559 , 62 L.Ed.2d 490 (1980).

11988–1988
Hanson v. Denckla green
scotus · 1958
1 sentence

1984In Hansen v. Denckla, supra, the Supreme Court has said that it is fair that a non-resident defendant be subject to an adjudication of his important rights and duties in the forum state where that defendant has "purposefully availed itself of the privilege of conducting activities within the forum state". 357 U.S. at 253 .

11984–1984
Green v. Hodges neutral
miss · 1956
2 sentences

1971Under the cited cases and Green v. Hodges, 227 Miss. 475 , 86 So.2d 335 , Sug. of Error and Motion to Dismiss Appeal Overruled 87 So.2d 87 (1956), the foreseeability rule is not satisfied.

1971Under the cited cases and Green v. Hodges, 227 Miss. 475 , 86 So.2d 335 , Sug. of Error and Motion to Dismiss Appeal Overruled 87 So.2d 87 (1956), the foreseeability rule is not satisfied.

11971–1971

Where else courts name it

CA 79 (1960–2025) TX 79 (1976–2026) IL 43 (1969–2015) OH 42 (1991–2025) TN 38 (1992–2025) FL 35 (1960–2026) IN 31 (1984–2025) OR 29 (1952–2024) MD 27 (1958–2025) PA 23 (1985–2025) KS 22 (1979–2026) MI 21 (1959–2025) GA 21 (1964–2024) AZ 18 (1979–2026) WA 17 (1998–2025) NY 16 (1982–2024) CT 16 (1983–2019) UT 16 (1987–2024) DC 13 (1986–2023) DE 12 (1987–2025) MS 12 (1971–2021) IA 11 (1982–2026) NJ 11 (1985–2025) ME 10 (1982–2016) RI 10 (1992–2019) AL 10 (1975–2014) NM 10 (1962–2020) LA 10 (1956–2016) KY 9 (2007–2024) NC 9 (1954–2020) CO 8 (1986–2026) SD 7 (1992–2021) NH 7 (1985–2023) MA 6 (1995–2020) SC 6 (1986–2017) OK 6 (2010–2022) MO 6 (1992–2025) MN 5 (2000–2019) AK 5 (1974–2000) WI 5 (1985–2026) MT 5 (1993–2025) VT 5 (1998–2023) NV 4 (2000–2023) WY 4 (2018–2024) WV 2 (2001–2001) HI 2 (1997–2008) VA 2 (1994–2012)

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.

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