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9 Maine opinions name it 2 courts 1968–2017 0 in the last five years
The cases below were cited by Maine 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 |
|---|---|---|
Wilson v. Gordongreen2 sentences2017Wilson v. Gordon, 354 A.2d 398, 403 (Me. 1976). 4 4. 2000See Wilson v. Gordon, 354 A.2d 398, 401-02 (Me. 1976). | 2 | 2 |
Thomas v. Wilsongreen2 sentences1990Thomas v. Wilson, 356 A.2d 737, 740 (Me.1976) (holding that in the absence of outside influence court shall not poll the jury to determine the jury’s understanding of a comparative negligence instruction). 1990Thomas v. Wilson, 356 A.2d 737, 740 (Me.1976) (holding that in the absence of outside influence court shall not poll the jury to determine the jury’s understanding of a comparative negligence instruction). | 1 | 1 |
Rea v. Leadership Housing, Inc.green1 sentence1976It should meet the same fate as contributory negligence and not constitute a complete bar to recovery where comparative negligence is the measuring standard for recovery.” Rea v. Leadership Housing, Inc., Fla.App., 312 So.2d 818, 822 (1975) Since, in the case now before us, it cannot be seriously contended that the appellee contractually assumed the risk of his injury and since we now decide that the doctrine of voluntary assumption of the risk is no longer viable, it is evident that appellant’s request for an instruction on assumption of the risk was properly denied. | 1 | 1 |
Bugh v. Webbgreen2 sentences1976See Bugh v. Webb, 231 Ark. 27 , 328 S.W.2d 379 (1959); Harris v. Hercules, Inc., 328 F. Supp. 360 (E.D.Ark.1971) Appellant directs us to a Florida case, Dorta v. Blackburn, Fla.App., 302 So.2d 450 (1973), in which a Florida District Court of Appeals held that the Florida State Supreme Court “appears to have recognized the continued existence of the common law defense of assumption of the risk notwithstanding its adoption of the doctrine of comparative negligence.” 302 So.2d at 451 More recently, however, another Florida District Court of Appeals took a contrary approach, holding that “[t]he de 1976See Bugh v. Webb, 231 Ark. 27 , 328 S.W.2d 379 (1959); Harris v. Hercules, Inc., 328 F. Supp. 360 (E.D.Ark.1971) Appellant directs us to a Florida case, Dorta v. Blackburn, Fla.App., 302 So.2d 450 (1973), in which a Florida District Court of Appeals held that the Florida State Supreme Court “appears to have recognized the continued existence of the common law defense of assumption of the risk notwithstanding its adoption of the doctrine of comparative negligence.” 302 So.2d at 451 More recently, however, another Florida District Court of Appeals took a contrary approach, holding that “[t]he de | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maine. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Danforth v. Emmons
green
2 sentences2008Although we held in Danforth that the damages found by the jury could not be reduced in proportion to the extent of the share of any negligent beneficiary, see 124 Me. at 159-60 , 126 A. at 822-23 , our decision predated the Legislature’s adoption of comparative negligence, see P.L.1965, ch. 424 (codified as amended at 14 M.R.S. § 156 (2007)) (establishing the doctrine of comparative negligence). 2008Although we held in Danforth that the damages found by the jury could not be reduced in proportion to the extent of the share of any negligent beneficiary, see 124 Me. at 159-60 , 126 A. at 822-23 , our decision predated the Legislature’s adoption of comparative negligence, see P.L.1965, ch. 424 (codified as amended at 14 M.R.S. § 156 (2007)) (establishing the doctrine of comparative negligence). | 1 | 2008–2008 |
Clewley v. Whitney
green
2 sentences2005An appellant “can demonstrate entitlement to a requested instruction only where the instruction was requested and not given by the court and it: (1) states the law correctly; (2) is generated by the evidence in the case; (3) is not misleading or confusing; and (4) is not otherwise sufficiently covered in the court’s instructions.” Clewley v. Whitney, 2002 ME 61, ¶ 8 , 794 A.2d 87, 90 . 2005An appellant “can demonstrate entitlement to a requested instruction only where the instruction was requested and not given by the court and it: (1) states the law correctly; (2) is generated by the evidence in the case; (3) is not misleading or confusing; and (4) is not otherwise sufficiently covered in the court’s instructions.” Clewley v. Whitney, 2002 ME 61, ¶ 8 , 794 A.2d 87, 90 . | 1 | 2005–2005 |
Walter v. Wal-Mart Stores, Inc.
green
2 sentences2005The major difference between the two is that in a comparative negligence instruction, the jury is told, “if the plaintiffs fault is equal to or greater than the defendant’s fault, the plaintiff recovers nothing.” Id. ¶27, 748 A.2d at 971 . 2005Id. ¶ 29, 748 A.2d at 971-72 . [¶ 38] Distinguishing between comparative negligence and mitigation of damages is difficult because the doctrines are similar. | 1 | 2005–2005 |
Harvey Ex Rel. Harvey v. Mid-Coast Hospital
green
1 sentence2002According to Patricia any negligence by Ralph before the hospital readmission could only be considered as a cause of his need for the readmission. [¶ 9] Patricia relies on Harvey v. Mid-Coast Hospital, 36 F.Supp.2d 32 (D.Me.1999), for the proposition that a hospital is not entitled to a comparative negligence; instruction when the plaintiffs negligence; is what causes the need for the medical treatment. | 1 | 2002–2002 |
Love v. Park Lane Medical Center
green
1 sentence2000Ctr., 737 S.W.2d 720 (Mo.1987). [7] In the standard comparative negligence instruction, the jury is told that if they find that the plaintiff was negligent and the plaintiff's negligence was a legal cause of her damage, the jury should apportion the relative degree of fault by comparing the fault of each. | 1 | 2000–2000 |
Harris v. Hercules Inc.
green
1 sentence1976See Bugh v. Webb, 231 Ark. 27 , 328 S.W.2d 379 (1959); Harris v. Hercules, Inc., 328 F. Supp. 360 (E.D.Ark.1971) Appellant directs us to a Florida case, Dorta v. Blackburn, Fla.App., 302 So.2d 450 (1973), in which a Florida District Court of Appeals held that the Florida State Supreme Court “appears to have recognized the continued existence of the common law defense of assumption of the risk notwithstanding its adoption of the doctrine of comparative negligence.” 302 So.2d at 451 More recently, however, another Florida District Court of Appeals took a contrary approach, holding that “[t]he de | 1 | 1976–1976 |
Dorta v. Blackburn
green
2 sentences1976See Bugh v. Webb, 231 Ark. 27 , 328 S.W.2d 379 (1959); Harris v. Hercules, Inc., 328 F. Supp. 360 (E.D.Ark.1971) Appellant directs us to a Florida case, Dorta v. Blackburn, Fla.App., 302 So.2d 450 (1973), in which a Florida District Court of Appeals held that the Florida State Supreme Court “appears to have recognized the continued existence of the common law defense of assumption of the risk notwithstanding its adoption of the doctrine of comparative negligence.” 302 So.2d at 451 More recently, however, another Florida District Court of Appeals took a contrary approach, holding that “[t]he de 1976See Bugh v. Webb, 231 Ark. 27 , 328 S.W.2d 379 (1959); Harris v. Hercules, Inc., 328 F. Supp. 360 (E.D.Ark.1971) Appellant directs us to a Florida case, Dorta v. Blackburn, Fla.App., 302 So.2d 450 (1973), in which a Florida District Court of Appeals held that the Florida State Supreme Court “appears to have recognized the continued existence of the common law defense of assumption of the risk notwithstanding its adoption of the doctrine of comparative negligence.” 302 So.2d at 451 More recently, however, another Florida District Court of Appeals took a contrary approach, holding that “[t]he de | 1 | 1976–1976 |
Loftin v. Nolin
green
2 sentences1968Loftin v. Nolin, Fla., 86 So.2d 161 , 59 A.L.R.2d 1257 (1956). 1968Loftin v. Nolin, Fla., 86 So.2d 161 , 59 A.L.R.2d 1257 (1956). | 1 | 1968–1968 |
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.