unavoidable accident instruction (Mississippi) · Go Syfert
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unavoidable accident instruction in Mississippi

9 Mississippi opinions name it 2 courts 1971–2003 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.

Followed or applied (6)

CaseFollowedCited
Turner v. Templegreen
miss · 1992 · cited in 4 Mississippi opinions naming this issue, 1998–2003
2 sentences

2003See Turner v. Temple, 602 So.2d 817, 823 (1992).

2001See Turner v. Temple, 602 So.2d 817, 823 (1992).

44
Jones v. Richardsgreen
miss · 1966 · cited in 3 Mississippi opinions naming this issue, 1971–2001
2 sentences

2001See Pope v. Sanders, 217 So.2d 1, 3 (Miss.1968); Jones v. Richards, 254 Miss. 617 , 181 So.2d 923, 925 (1966).

2001See Pope v. Sanders, 217 So.2d 1, 3 (Miss.1968); Jones v. Richards, 254 Miss. 617 , 181 So.2d 923, 925 (1966).

23
Pope v. Sandersgreen
miss · 1968 · cited in 3 Mississippi opinions naming this issue, 1971–2001
2 sentences

2001See Pope v. Sanders, 217 So.2d 1, 3 (Miss.1968); Jones v. Richards, 254 Miss. 617 , 181 So.2d 923, 925 (1966).

1998See Pope v. Sanders, 217 So. 2d 1, 3 (Miss. 1968); Jones v. Richards, 181 So. 2d 923, 925 (Miss. 1966).

23
Cotton ex rel. Barnes v. Quinngreen
miss · 1971 · cited in 2 Mississippi opinions naming this issue, 1998–2000
2 sentences

2000Cotton v. Quinn, 245 So.2d 593, 594 (Miss.1971).

1998Cotton v. Quinn, 245 So.2d 593, 594 (Miss. 1971).

22
Shields v. Easterlinggreen
miss · 1996 · cited in 2 Mississippi opinions naming this issue, 1998–2000
2 sentences

2000Additionally, although the majority does not overrule the unavoidable accident instruction allowed in Shields v. Easterling, 676 So.2d 293, 298 (Miss.1996), the majority nevertheless is openly critical of the recently approved instruction.

1998Additionally, although the majority does not overrule the unavoidable accident instruction allowed in Shields v. Easterling, 676 So.2d 293, 298 (Miss. 1996), the majority nevertheless is openly critical of the recently approved instruction.

22
McCollum v. Randolphgreen
miss · 1969 · cited in 2 Mississippi opinions naming this issue, 1992–1996
2 sentences

1996This Court determined that the unavoidable accident instruction was warranted because it was the only instruction permitting the jury to find the driver without negligence, as the cause of the accident would never be known. 202 So.2d at 527 ; see also McCollum v. Randolph, 220 So.2d 310 (1969)(concluding that unavoidable accident instruction was properly given where sole remaining witness was driver of automobile who testified bicyclist suddenly fell into pathway of vehicle).

1992This Court determined that the unavoidable accident instruction was warranted because it was the only instruction permitting the jury to find the driver without negligence, as the cause of the accident would never be known. 202 So. 2d at 527 ; see also McCollum v. Randolph, 220 So. 2d 310 (1969)(concluding that unavoidable accident instruction was properly given where sole remaining witness was driver of automobile who testified bicyclist suddenly fell into pathway of vehicle). ¶29.

22

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 (5)

CaseCitedYears
Hollingsworth v. Thomas green
gactapp · 1978
2 sentences

2001An unavoidable accident instruction should only be granted in “situations where the accident may truly be said to be unavoidable.” Buford, 756 So.2d at 771 (citing Hollingsworth v. Thomas, 148 Ga.App. 38 , 250 S.E.2d 791 (1978)).

2001An unavoidable accident instruction should only be granted in “situations where the accident may truly be said to be unavoidable.” Buford, 756 So.2d at 771 (citing Hollingsworth v. Thomas, 148 Ga.App. 38 , 250 S.E.2d 791 (1978)).

41998–2001
Buford v. RIVERBOAT CORP. OF MISS. green
miss · 2000
2 sentences

2001An unavoidable accident instruction should only be granted in “situations where the accident may truly be said to be unavoidable.” Buford, 756 So.2d at 771 (citing Hollingsworth v. Thomas, 148 Ga.App. 38 , 250 S.E.2d 791 (1978)).

1998An unavoidable accident instruction should only be granted in "situations where the accident may truly be said to be unavoidable." Buford, 756 So. 2d at 771 (citing Hollingsworth v. Thomas, 250 S.E. 2d 791 (Ga. App. 1978)).

31998–2001
Johnson v. Foster green
miss · 1967
2 sentences

1996This Court determined that the unavoidable accident instruction was warranted because it was the only instruction permitting the jury to find the driver without negligence, as the cause of the accident would never be known. 202 So.2d at 527 ; see also McCollum v. Randolph, 220 So.2d 310 (1969)(concluding that unavoidable accident instruction was properly given where sole remaining witness was driver of automobile who testified bicyclist suddenly fell into pathway of vehicle).

1992This Court determined that the unavoidable accident instruction was warranted because it was the only instruction permitting the jury to find the driver without negligence, as the cause of the accident would never be known. 202 So. 2d at 527 ; see also McCollum v. Randolph, 220 So. 2d 310 (1969)(concluding that unavoidable accident instruction was properly given where sole remaining witness was driver of automobile who testified bicyclist suddenly fell into pathway of vehicle). ¶29.

21992–1996
Tillman ex rel. Migues v. Singletary green
missctapp · 2001
1 sentence

2003Migues v. Singletary, 2001 WL 268246, at *4 , ___ So.2d ___ at ___ (Miss.Ct.App.2001) (McMillin, C.J., dissenting). ¶ 28.

12003–2003
McMinn v. Lilly green
miss · 1952
2 sentences

1971Pope v. Sanders, 217 So.2d 1 (Miss.1968); Jones v. Richards, 254 Miss. 617 , 181 So.2d 923 (1966); McMinn v. Lilly, 215 Miss. 193 , 60 So.2d 603 (1952).

1971Pope v. Sanders, 217 So.2d 1 (Miss.1968); Jones v. Richards, 254 Miss. 617 , 181 So.2d 923 (1966); McMinn v. Lilly, 215 Miss. 193 , 60 So.2d 603 (1952).

11971–1971

Where else courts name it

TX 92 (1973–2026) CA 25 (1938–1976) NM 13 (1960–1993) OK 11 (1942–2005) SD 10 (1966–2019) VA 10 (1968–2009) MS 9 (1971–2003) WA 7 (1942–1973) UT 7 (1961–2001) AR 6 (1965–1986) AZ 6 (1958–2020) MD 6 (1984–2011) DC 4 (1967–1999) MT 3 (1960–1969) OH 3 (1948–2004) KS 3 (1959–1967) KY 3 (1969–1974) IA 2 (1969–1977) LA 2 (1983–1996) IL 2 (1961–1992) TN 2 (2004–2004) MN 2 (1974–1992) WV 2 (1972–1987) FL 2 (1966–1989) HI 2 (1964–1965)

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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