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9 Nevada opinions name it 1 courts 1992–2022 1 in the last five years
The cases below were cited by Nevada 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 |
|---|---|---|
BUCK BY BUCK v. Greyhound Lines, Inc.green2 sentences2015Here, although a comparative negligence defense asserted against minor plaintiff MayRose would not be a bona fide issue, see Buck by Buck v. Greyhound Lines, Inc., 105 Nev. 756, 764 , 783 P.2d 437, 442 (1989), petitioners' comparative negligence assertions against plaintiffs Hurst and Abbington are bona fide issues triggering the application of NRS 41.141. 2015Here, although a comparative negligence defense asserted against minor plaintiff MayRose would not be a bona fide issue, see Buck by Buck v. Greyhound Lines, Inc., 105 Nev. 756, 764 , 783 P.2d 437, 442 (1989), petitioners' comparative negligence assertions against plaintiffs Hurst and Abbington are bona fide issues triggering the application of NRS 41.141. | 3 | 3 |
Le'Gall v. Lewis Countygreen2 sentences2015See Le'Gall v. Lewis Cnty., 923 P.2d 427, 430 (Idaho 1996) (explaining that "[i]f the jury could conclude, based on the evidence, that an actor negligently contributed to the plaintiffs injury, then the actor must be included on the special verdict form"); Restatement (Third) of Torts: Apportionment of Liab. § B19 (2000). 2 Consequently, NRS 41.141 and NRS 41A.045, when applied in cases where the comparative negligence defense is raised, conflict. 2015See Le'Gall v. Lewis Cnty., 923 P.2d 427, 430 (Idaho 1996) (explaining that "[i]f the jury could conclude, based on the evidence, that an actor negligently contributed to the plaintiffs injury, then the actor must be included on the special verdict form"); Restatement (Third) of Torts: Apportionment of Liab. § B19 (2000). 2 Consequently, NRS 41.141 and NRS 41A.045, when applied in cases where the comparative negligence defense is raised, conflict. | 3 | 3 |
Shuette v. Beazer Homes Holdings Corp.green2 sentences2022See Shuette v. Beazer Homes Holdings Corp., 121 Nev. 837, 859-60 , 124 P.3d 530, 546 (2005) (discussing when comparative negligence applies). 2022See Shuette v. Beazer Homes Holdings Corp., 121 Nev. 837, 859-60 , 124 P.3d 530, 546 (2005) (discussing when comparative negligence applies). | 1 | 1 |
Hazelwood v. Harrah'sgreen2 sentences2005See Cox v. Lesko, 953 P.2d 1033, 1038 (Kan. 1998) (approving of a mitigation instruction that cautioned the jury not to include omissions by the plaintiff that the jury found to be comparative fault); Walter v. Wal-Mart Stores, Inc., 748 A.2d 961, 971 (Me. 2000) (concluding that “a defendant is not entitled to a double reduction of damages; that is, the same action or inaction of the plaintiff that justifies a comparative negligence instruction should not also authorize a reduction of damages under the doctrine of mitigation or avoidable consequences”); Shaffer v. Debbas, 21 Cal. Rptr. 2d 110, 2005See Cox v. Lesko, 953 P.2d 1033, 1038 (Kan. 1998) (approving of a mitigation instruction that cautioned the jury not to include omissions by the plaintiff that the jury found to be comparative fault); Walter v. Wal-Mart Stores, Inc., 748 A.2d 961, 971 (Me. 2000) (concluding that “a defendant is not entitled to a double reduction of damages; that is, the same action or inaction of the plaintiff that justifies a comparative negligence instruction should not also authorize a reduction of damages under the doctrine of mitigation or avoidable consequences”); Shaffer v. Debbas, 21 Cal. Rptr. 2d 110, | 1 | 1 |
Shaffer v. Debbasgreen1 sentence2005See Cox v. Lesko, 953 P.2d 1033, 1038 (Kan. 1998) (approving of a mitigation instruction that cautioned the jury not to include omissions by the plaintiff that the jury found to be comparative fault); Walter v. Wal-Mart Stores, Inc., 748 A.2d 961, 971 (Me. 2000) (concluding that “a defendant is not entitled to a double reduction of damages; that is, the same action or inaction of the plaintiff that justifies a comparative negligence instruction should not also authorize a reduction of damages under the doctrine of mitigation or avoidable consequences”); Shaffer v. Debbas, 21 Cal. Rptr. 2d 110, | 1 | 1 |
Cox v. Leskogreen1 sentence2005See Cox v. Lesko, 953 P.2d 1033, 1038 (Kan. 1998) (approving of a mitigation instruction that cautioned the jury not to include omissions by the plaintiff that the jury found to be comparative fault); Walter v. Wal-Mart Stores, Inc., 748 A.2d 961, 971 (Me. 2000) (concluding that “a defendant is not entitled to a double reduction of damages; that is, the same action or inaction of the plaintiff that justifies a comparative negligence instruction should not also authorize a reduction of damages under the doctrine of mitigation or avoidable consequences”); Shaffer v. Debbas, 21 Cal. Rptr. 2d 110, | 1 | 1 |
Walter v. Wal-Mart Stores, Inc.green1 sentence2005See Cox v. Lesko, 953 P.2d 1033, 1038 (Kan. 1998) (approving of a mitigation instruction that cautioned the jury not to include omissions by the plaintiff that the jury found to be comparative fault); Walter v. Wal-Mart Stores, Inc., 748 A.2d 961, 971 (Me. 2000) (concluding that “a defendant is not entitled to a double reduction of damages; that is, the same action or inaction of the plaintiff that justifies a comparative negligence instruction should not also authorize a reduction of damages under the doctrine of mitigation or avoidable consequences”); Shaffer v. Debbas, 21 Cal. Rptr. 2d 110, | 1 | 1 |
Nga Li v. Yellow Cab Co.green1 sentence1994See, e.g., Li v. Yellow Cab Co., 532 P.2d 1226 (1975). | 1 | 1 |
Young's MacHine Co. v. Longgreen2 sentences1992NRS 41.141 states that “[i]n any action to recover damages ... in which comparative negligence is asserted as a defense, the comparative negligence of the plaintiff . . . does not bar a recovery if that negligence was not greater than the negligence ... of the parties to the action against whom recovery is sought.” In Young’s Machine Co. v. Long, 100 Nev. 692, 693 , 692 P.2d 24, 25 (1984), we concluded that “Nevada’s comparative negligence statute is clearly intended to apply to negligence actions.” The comparative negligence statute eliminates “contributory negligence as a bar to a plaintiff’ 1992NRS 41.141 states that “[i]n any action to recover damages ... in which comparative negligence is asserted as a defense, the comparative negligence of the plaintiff . . . does not bar a recovery if that negligence was not greater than the negligence ... of the parties to the action against whom recovery is sought.” In Young’s Machine Co. v. Long, 100 Nev. 692, 693 , 692 P.2d 24, 25 (1984), we concluded that “Nevada’s comparative negligence statute is clearly intended to apply to negligence actions.” The comparative negligence statute eliminates “contributory negligence as a bar to a plaintiff’ | 1 | 1 |
Warmbrodt v. Blanchardgreen2 sentences1992NRS 41.141 states that “[i]n any action to recover damages ... in which comparative negligence is asserted as a defense, the comparative negligence of the plaintiff . . . does not bar a recovery if that negligence was not greater than the negligence ... of the parties to the action against whom recovery is sought.” In Young’s Machine Co. v. Long, 100 Nev. 692, 693 , 692 P.2d 24, 25 (1984), we concluded that “Nevada’s comparative negligence statute is clearly intended to apply to negligence actions.” The comparative negligence statute eliminates “contributory negligence as a bar to a plaintiff’ 1992NRS 41.141 states that “[i]n any action to recover damages ... in which comparative negligence is asserted as a defense, the comparative negligence of the plaintiff . . . does not bar a recovery if that negligence was not greater than the negligence ... of the parties to the action against whom recovery is sought.” In Young’s Machine Co. v. Long, 100 Nev. 692, 693 , 692 P.2d 24, 25 (1984), we concluded that “Nevada’s comparative negligence statute is clearly intended to apply to negligence actions.” The comparative negligence statute eliminates “contributory negligence as a bar to a plaintiff’ | 1 | 1 |
Taylor v. Silvagreen2 sentences1992In Taylor v. Silva, 96 Nev. 738, 741 , 615 P.2d 970, 971 (1980), we explained that “[contributing fault, if any, on [the plaintiff’s] part could reduce [the plaintiff’s] recovery under the doctrine of comparative negligence, but does not negate a finding that [the defendants’] negligence was a proximate cause of [the plaintiff’s] injuries.” We cannot conclude in this case, as a matter of law, that Joynt was more negligent than the casino. 1992In Taylor v. Silva, 96 Nev. 738, 741 , 615 P.2d 970, 971 (1980), we explained that “[contributing fault, if any, on [the plaintiff’s] part could reduce [the plaintiff’s] recovery under the doctrine of comparative negligence, but does not negate a finding that [the defendants’] negligence was a proximate cause of [the plaintiff’s] injuries.” We cannot conclude in this case, as a matter of law, that Joynt was more negligent than the casino. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Nevada. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
International Game Technology, Inc. v. Second Judicial District Court
green
2 sentences2015Int'l Game Tech., 124 Nev. at 197 , 179 P.3d at 558 . 1 NRS 41.141 is a comparative negligence statute that governs the liability of multiple defendants in actions asserting a comparative negligence defense. 2015Int'l Game Tech., 124 Nev. at 197 , 179 P.3d at 558 . 1 NRS 41.141 is a comparative negligence statute that governs the liability of multiple defendants in actions asserting a comparative negligence defense. | 3 | 2015–2015 |
Naomi Mizushima v. Sunset Ranch, Inc.
green
2 sentences2008We also overrule Mizushima to the extent that it treated the determination of duty in negligence cases as a factor left to the jury in the comparative negligence analysis. 103 Nev. at 264 n.7, 737 P.2d at 1161 n.7. 2008We also overrule Mizushima to the extent that it treated the determination of duty in negligence cases as a factor left to the jury in the comparative negligence analysis. 103 Nev. at 264 n.7, 737 P.2d at 1161 n.7. | 2 | 1994–2008 |
Skender v. Brunsonbuilt Construction & Development Co.
green
2 sentences2009Further, to make sure that this court will always be aware of which theory of liability a jury relies upon to find in favor of a plaintiff in a tort case or contract case, the majority now extends Skender v. Brunsonbuilt Construction & Development Co., 122 Nev. 1430 , 148 P.3d 710 (2006), which recognized special verdict questions in constructional defect cases that contained both contract and tort theories and a comparative negligence defense, to cases where the plaintiff presents claims of tort and contract liability or where the plaintiff presents multiple theories of liability made under a 2009Further, to make sure that this court will always be aware of which theory of liability a jury relies upon to find in favor of a plaintiff in a tort case or contract case, the majority now extends Skender v. Brunsonbuilt Construction & Development Co., 122 Nev. 1430 , 148 P.3d 710 (2006), which recognized special verdict questions in constructional defect cases that contained both contract and tort theories and a comparative negligence defense, to cases where the plaintiff presents claims of tort and contract liability or where the plaintiff presents multiple theories of liability made under a | 1 | 2009–2009 |
Lee v. GNLV CORP.
green
2 sentences2008As we reiterated in Lee v. GNLV Corp., “the question of whether a ‘duty’ . . . exists is a question of law solely to be determined by the court.” 117 Nev. at 295 , 22 P.3d at 212 . 2008As we reiterated in Lee v. GNLV Corp., “the question of whether a ‘duty’ . . . exists is a question of law solely to be determined by the court.” 117 Nev. at 295 , 22 P.3d at 212 . | 1 | 2008–2008 |
Vinci v. Las Vegas Sands, Inc.
green
2 sentences2005See Cox v. Lesko, 953 P.2d 1033, 1038 (Kan. 1998) (approving of a mitigation instruction that cautioned the jury not to include omissions by the plaintiff that the jury found to be comparative fault); Walter v. Wal-Mart Stores, Inc., 748 A.2d 961, 971 (Me. 2000) (concluding that “a defendant is not entitled to a double reduction of damages; that is, the same action or inaction of the plaintiff that justifies a comparative negligence instruction should not also authorize a reduction of damages under the doctrine of mitigation or avoidable consequences”); Shaffer v. Debbas, 21 Cal. Rptr. 2d 110, 2005See Cox v. Lesko, 953 P.2d 1033, 1038 (Kan. 1998) (approving of a mitigation instruction that cautioned the jury not to include omissions by the plaintiff that the jury found to be comparative fault); Walter v. Wal-Mart Stores, Inc., 748 A.2d 961, 971 (Me. 2000) (concluding that “a defendant is not entitled to a double reduction of damages; that is, the same action or inaction of the plaintiff that justifies a comparative negligence instruction should not also authorize a reduction of damages under the doctrine of mitigation or avoidable consequences”); Shaffer v. Debbas, 21 Cal. Rptr. 2d 110, | 1 | 2005–2005 |
Sandy Valley Associates v. Sky Ranch Estates Owners Ass'n
red
2 sentences2005See, e.g., NRS 17.130; NRS 99.040; Hazelwood, 109 Nev. at 1009-10 , 862 P.2d at 1192 . 87 117 Nev. 948 , 35 P.3d 964 (2001). 88 Id. at 956 , 35 P.3d at 969 . 2005See, e.g., NRS 17.130; NRS 99.040; Hazelwood, 109 Nev. at 1009-10 , 862 P.2d at 1192 . 87 117 Nev. 948 , 35 P.3d 964 (2001). 88 Id. at 956 , 35 P.3d at 969 . | 1 | 2005–2005 |
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.