essential element claim (Kentucky) · Go Syfert
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essential element claim in Kentucky

9 Kentucky opinions name it 3 courts 1929–2024 4 in the last five years

The cases below were cited by Kentucky 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
Nesco v. Haddixgreen
ky · 2011 · cited in 1 Kentucky opinions naming this issue, 2024–2024
1 sentence

2024Nesco v. Haddix, 339 S.W.3d 465, 472 (Ky. 2011).

11
Jones v. Marquis Terminal, Inc.green
kyctapp · 2014 · cited in 1 Kentucky opinions naming this issue, 2021–2021
1 sentence

2021As to the issue of mitigation of damages, while it is true that a party claiming damages for breach of contract must use reasonable efforts to mitigate his damages, “[t]he party committing the breach bears the burden of proving that the plaintiff failed to mitigate his damages.” Jones v. Marquis Terminal, Inc., 454 S.W.3d 849, 852 (Ky. App. 2014).

11
Stewart v. Commonwealthgreen
ky · 2010 · cited in 1 Kentucky opinions naming this issue, 2016–2016
1 sentence

2016See Stewart v. Commonwealth, 306 S.W.3d 502, 508 (Ky. 2010).

11
Snyder v. ISC Alloys, Ltd.green
pawd · 1991 · cited in 1 Kentucky opinions naming this issue, 1998–1998
2 sentences

1998There was no evidence presented that Griffin advertised or otherwise marketed this or any other screw conveyor system. “[T]he fact of mass marketing, or at least some marketing, is an essential element of a claim of strict products liability.” Snyder v. ISC Alloys, Ltd., 772 F.Supp. 244, 252 (W.D.Pa.1991).

1998There was no evidence presented that Griffin advertised or otherwise marketed this or any other screw conveyor system. "[T]he fact of mass marketing, or at least some marketing, is an essential element of a claim of strict products liability." Snyder v. ISC Alloys, Ltd., 772 F.Supp. 244, 252 (W.D.Pa.1991).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (7)

CaseCitedYears
Sebastian-Voor Properties, LLC v. Lexington-Fayette Urban County Government green
ky · 2008
1 sentence

2024Further, Richmond cannot demonstrate that it had a lack of knowledge nor lacked “the means of knowledge of the truth as to the facts in question[.]” Id. at 494 (quoting Weland v. Bd. of Trs. of Ky. Ret.

12024–2024
Ross v. Powell green
ky · 2006
1 sentence

2022On the reliance issue, the trial court found the analysis in Ross v. Powell, 206 S.W.3d 327 (Ky. 2006), to be controlling.

12022–2022
Barnett v. Mercy Health Partners-Lourdes, Inc. green
kyctapp · 2007
1 sentence

2021As a breach is an essential element of a claim of breach of contract, Barnett, supra, and having found no breach, we cannot conclude that the Graves Circuit Court erred in finding no breach of contract.

12021–2021
Union Light, Heat & Power Co. v. Blackwell's Adm'r green
kyctapphigh · 1956
1 sentence

1968Negligence § 5(4), page 512; Union Light, Heat & Power Co. v. Blackwell’s Adm’r, Ky., 291 S.W.2d 539 , 87 A.L.R.2d 264 .

11968–1968
Wallace v. Norris green
kyctapphigh · 1949
2 sentences

1956Schroerlucke v. McDaniel Funeral Home, Inc., Ky. 291 S.W.2d 6 ; Wallace v. Norris, 310 Ky. 424 , 220 S.W.2d 967 .

1956Schroerlucke v. McDaniel Funeral Home, Inc., Ky. 291 S.W.2d 6 ; Wallace v. Norris, 310 Ky. 424 , 220 S.W.2d 967 .

11956–1956
Schroerlucke v. McDaniel Funeral Home, Inc. green
kyctapp · 1956
1 sentence

1956Schroerlucke v. McDaniel Funeral Home, Inc., Ky. 291 S.W.2d 6 ; Wallace v. Norris, 310 Ky. 424 , 220 S.W.2d 967 .

11956–1956
Howard v. Commonwealth neutral
kyctapphigh · 1928
2 sentences

1929And, while the word usually refers to a state of the mind brought about by anger, it properly speaking, expresses that condition of the mind when it has lost its self-control, and becomes the passive instrument of the actuating cause or feeling.” However, as declared in Howard v. Commonwealth, 224 Ky. 224 , 5 S. W. (2d) 1056 , 1057: “It is the duty of one whose will power is not impaired by disease to govern and control his passions.” The degree or exact meaning of this mental disturbance has been declared only in general terms; such that the passion of the slayer must have been to negative de

1929And, while the word usually refers to a state of the mind brought about by anger, it properly speaking, expresses that condition of the mind when it has lost its self-control, and becomes the passive instrument of the actuating cause or feeling.” However, as declared in Howard v. Commonwealth, 224 Ky. 224 , 5 S. W. (2d) 1056 , 1057: “It is the duty of one whose will power is not impaired by disease to govern and control his passions.” The degree or exact meaning of this mental disturbance has been declared only in general terms; such that the passion of the slayer must have been to negative de

11929–1929

Where else courts name it

NC 401 (1977–2026) TN 391 (1966–2026) CA 177 (1922–2026) TX 168 (1920–2026) IN 124 (1897–2024) MA 97 (1984–2026) MS 93 (1963–2026) OH 90 (1872–2026) ND 75 (1984–2025) WA 68 (1931–2026) NY 68 (1952–2025) GA 60 (1924–2025) IL 54 (1883–2026) AR 51 (1953–2025) LA 50 (1967–2022) WY 47 (1975–2026) MO 41 (1909–2024) MI 41 (1976–2026) AZ 40 (1966–2025) FL 38 (1951–2022) AL 32 (1978–2018) CT 28 (1972–2022) WI 28 (1951–2025) ID 26 (1965–2026) ME 23 (1982–2025) MN 22 (1924–2014) IA 22 (1915–2024) PA 20 (1900–2022) NM 17 (1967–2026) SC 17 (1924–2026) DE 17 (1941–2026) UT 16 (1994–2026) NJ 15 (1984–2023) MT 11 (2000–2026) KY 9 (1929–2024) OK 9 (1937–2009) SD 9 (1946–2016) RI 9 (1984–2026) NV 9 (1986–2022) MD 8 (1966–2024) NE 8 (1942–2023) KS 8 (1994–2026) HI 8 (1984–2018) OR 8 (1922–2010) WV 7 (1982–2025) CO 7 (1981–2025) VT 6 (2010–2025) DC 6 (1964–2021) VA 5 (1989–2023) NH 4 (1996–1999) VI 3 (2013–2023) AK 3 (1989–1998)

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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