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9 Tennessee opinions name it 2 courts 1971–2001 0 in the last five years
The cases below were cited by Tennessee 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 |
|---|---|---|
McIntyre v. Balentinegreen2 sentences2001Tennessee adopted the doctrine of comparative negligence in McIntyre v. Ballentine, 833 S.W.2d 52, 56 (Tenn. 1992). 2000The case was heard without a jury, and the judgment was rendered in accordance with the doctrine of comparative negligence, and within the ambit of the statute. 2 McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992) provides that a plaintiff cannot recover if his negligence is 50% or more of the total negligence. issue for resolution is whether the trial court erred in the allocation of fault. | 1 | 3 |
Kirby v. Larsongreen2 sentences1995Therefore, because the standard jury instruction should only be given when the plaintiff's negligence is a partial proximate cause of the injuries that occurred, and in this jail suicide case the action taken by the decedent was voluntary and intentional, we find that the standard jury instruction regarding comparative negligence was not proper here. . . . this Court initially accepted the doctrine of comparative negligence in Placek v. Sterling Heights, 405 Mich. 638 , 275 N.W.2d 511 (1979); see also Kirby v. Larson, 400 Mich. 585 , 256 N.W.2d 400 (1977). 1995Therefore, because the standard jury instruction should only be given when the plaintiff's negligence is a partial proximate cause of the injuries that occurred, and in this jail suicide case the action taken by the decedent was voluntary and intentional, we find that the standard jury instruction regarding comparative negligence was not proper here. . . . this Court initially accepted the doctrine of comparative negligence in Placek v. Sterling Heights, 405 Mich. 638 , 275 N.W.2d 511 (1979); see also Kirby v. Larson, 400 Mich. 585 , 256 N.W.2d 400 (1977). | 1 | 1 |
Walters ex rel. Walters v. Glidwellgreen1 sentence1982Walters v. Glidwell, 572 S.W.2d 657, 659 (Tenn.App.1978). | 1 | 1 |
Inland Container Corporation v. Marchgreen1 sentence1980See Inland Container Corporation v. March, 529 S.W.2d 43, 45 (Tenn.1975). ( vir.i Appellants'finally encourage us to judicially adopt the doctrine of comparative negligence for the State of Tennessee. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Rowlands v. Signal Const. Co.
green
1 sentence1997In Rowlands v. Signal Const. *824 Co., 549 So.2d 1380 (Fla.1989), the Florida Supreme Court rejected the use of remittitur to correct the jury’s assignment of comparative fault because the “apportioning of liability is a matter peculiarly within the province of the jury.” The court concluded: Since liability is inextricably bound up with the apportionment of damages under the doctrine of comparative negligence, this matter must be left to the jury. | 1 | 1997–1997 |
Placek v. City of Sterling Heights
green
2 sentences1995Therefore, because the standard jury instruction should only be given when the plaintiff's negligence is a partial proximate cause of the injuries that occurred, and in this jail suicide case the action taken by the decedent was voluntary and intentional, we find that the standard jury instruction regarding comparative negligence was not proper here. . . . this Court initially accepted the doctrine of comparative negligence in Placek v. Sterling Heights, 405 Mich. 638 , 275 N.W.2d 511 (1979); see also Kirby v. Larson, 400 Mich. 585 , 256 N.W.2d 400 (1977). 1995Therefore, because the standard jury instruction should only be given when the plaintiff's negligence is a partial proximate cause of the injuries that occurred, and in this jail suicide case the action taken by the decedent was voluntary and intentional, we find that the standard jury instruction regarding comparative negligence was not proper here. . . . this Court initially accepted the doctrine of comparative negligence in Placek v. Sterling Heights, 405 Mich. 638 , 275 N.W.2d 511 (1979); see also Kirby v. Larson, 400 Mich. 585 , 256 N.W.2d 400 (1977). | 1 | 1995–1995 |
Hickey v. Zezulka
green
1 sentence1995The first opinion of the Michigan Supreme Court then states: The signers of this opinion also agree with the Court of Appeals that a comparative negligence instruction is improper in a jail suicide case, Hickey, supra at 617 , 443 N.W.2d 180 . | 1 | 1995–1995 |
Hickey v. Zezulka
green
1 sentence1995The first opinion of the Michigan Supreme Court then states: The signers of this opinion also agree with the Court of Appeals that a comparative negligence instruction is improper in a jail suicide case, Hickey, supra at 617 , 443 N.W.2d 180 . | 1 | 1995–1995 |
United States Court of Appeals, Second Circuit
green
1 sentence1990In Prudential Lines, Inc. v. McAllister Bros., Inc., 801 F.2d 616 (2nd Cir.1986), the Second Circuit, long on the cutting edge of admiralty law, stated: In the years since Chemical Transporter, however, the Supreme Court has removed the reason for existence of the last clear chance doctrine in admiralty cases. | 1 | 1990–1990 |
United States v. Reliable Transfer Co.
green
2 sentences1990United States v. Reliable Transfer Co., 421 U.S. 397 , 95 S.Ct. 1708 , 44 L.Ed.2d 251 (1975). 1990United States v. Reliable Transfer Co., 421 U.S. 397 , 95 S.Ct. 1708 , 44 L.Ed.2d 251 (1975). | 1 | 1990–1990 |
Railway Co. v. Hull
neutral
1 sentence1971Railway Co. v. Hull (1889), 88 Tenn. 33 , 12 S.W. 419 ; Atlantic Coast Line R. | 1 | 1971–1971 |
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.