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8 Michigan opinions name it 2 courts 1965–1982 0 in the last five years
The cases below were cited by Michigan 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 |
|---|---|---|
Stevens v. Stevensgreen2 sentences1971The proper test in determining willful and wanton misconduct originated with Peyton v. Delnay (1957), 348 Mich 238 , where the Court stated at page 248: “Ordinary negligence does not signify the wantonness or wilfulness that are necessary elements of gross negligence, which, however, does include ordinary negligence combined Avith a wilful and wanton disregard for public safety.” Soon after, in Stevens v. Stevens (1959), 355 Mich 363 , a unanimous Supreme Court, in a comprehensive examination of the concept of gross negligence and willful and wanton misconduct vis-a-vis the guest passenger act 1965See Stevens v. Stevens, 355 Mich 363, 371, 372 , where the Court said, of liability under the guest passenger statute: “It is imposed because the conduct, usually made up of the sum total of these factors, manifests a high degree of danger, a manifest probability that harm will result therefrom, and an utter disregard *324 of the probable consequences. | 1 | 2 |
Parrott v. Parrottgreen2 sentences1974Ten factors are then enumerated in the act. 1 *251 Parrott v Parrott, 53 Mich App 635, 638 ; 220 NW2d 176,178 (1974). 1974Ten factors are then enumerated in the act. 1 *251 Parrott v Parrott, 53 Mich App 635, 638 ; 220 NW2d 176,178 (1974). | 1 | 1 |
Tien v. Barkelgreen1 sentence1965See, also, Tien v. Barkel, 351 Mich 276 , where this Court held that the doubtful case in each instance-calls for jury instructions and jury verdict rather than a verdict by direction of the court. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Brooks v. Haack
green
2 sentences1970Does the sum total of these factors amount to a showing that defendant Sanders had an affirmative reckless state of mind, Brooks v. Haack (1965), 374 Mich 261 , 265? 1968Such wilful and wanton misconduct may be shown by a sum total of factors.” Brooks v. Haack (1965), 374 Mich 261, 265 . | 3 | 1968–1971 |
Currey v. Currey
neutral
2 sentences1982Carnes v Sheldon, 109 Mich App 204, 218 ; 311 NW2d 747 (1981); Currey v Currey, 109 Mich App 111, 117 ; 310 NW2d 913 (1981); Speers v Speers, 108 Mich App 543, 545 ; 310 NW2d 455 (1981). 1982Carnes v Sheldon, 109 Mich App 204, 218 ; 311 NW2d 747 (1981); Currey v Currey, 109 Mich App 111, 117 ; 310 NW2d 913 (1981); Speers v Speers, 108 Mich App 543, 545 ; 310 NW2d 455 (1981). | 1 | 1982–1982 |
Speers v. Speers
green
2 sentences1982Carnes v Sheldon, 109 Mich App 204, 218 ; 311 NW2d 747 (1981); Currey v Currey, 109 Mich App 111, 117 ; 310 NW2d 913 (1981); Speers v Speers, 108 Mich App 543, 545 ; 310 NW2d 455 (1981). 1982Carnes v Sheldon, 109 Mich App 204, 218 ; 311 NW2d 747 (1981); Currey v Currey, 109 Mich App 111, 117 ; 310 NW2d 913 (1981); Speers v Speers, 108 Mich App 543, 545 ; 310 NW2d 455 (1981). | 1 | 1982–1982 |
Carnes v. Sheldon
green
2 sentences1982Carnes v Sheldon, 109 Mich App 204, 218 ; 311 NW2d 747 (1981); Currey v Currey, 109 Mich App 111, 117 ; 310 NW2d 913 (1981); Speers v Speers, 108 Mich App 543, 545 ; 310 NW2d 455 (1981). 1982Carnes v Sheldon, 109 Mich App 204, 218 ; 311 NW2d 747 (1981); Currey v Currey, 109 Mich App 111, 117 ; 310 NW2d 913 (1981); Speers v Speers, 108 Mich App 543, 545 ; 310 NW2d 455 (1981). | 1 | 1982–1982 |
Anderson v. Gene Deming Motor Sales, Inc.
green
1 sentence1971The proper test in determining willful and wanton misconduct originated with Peyton v. Delnay (1957), 348 Mich 238 , where the Court stated at page 248: “Ordinary negligence does not signify the wantonness or wilfulness that are necessary elements of gross negligence, which, however, does include ordinary negligence combined Avith a wilful and wanton disregard for public safety.” Soon after, in Stevens v. Stevens (1959), 355 Mich 363 , a unanimous Supreme Court, in a comprehensive examination of the concept of gross negligence and willful and wanton misconduct vis-a-vis the guest passenger act | 1 | 1971–1971 |
Peyton v. Delnay
green
1 sentence1971The proper test in determining willful and wanton misconduct originated with Peyton v. Delnay (1957), 348 Mich 238 , where the Court stated at page 248: “Ordinary negligence does not signify the wantonness or wilfulness that are necessary elements of gross negligence, which, however, does include ordinary negligence combined Avith a wilful and wanton disregard for public safety.” Soon after, in Stevens v. Stevens (1959), 355 Mich 363 , a unanimous Supreme Court, in a comprehensive examination of the concept of gross negligence and willful and wanton misconduct vis-a-vis the guest passenger act | 1 | 1971–1971 |
Prentkiewicz v. Karp
green
1 sentence1970It is imposed because the conduct, usually made up of the sum total of these factors, manifests a high degree of danger, a manifest probability that harm will result therefrom, and an utter disregard of. the' probable consequences.” See, also, Prentkiewicz v. Karp (1965), 375 Mich 367 . | 1 | 1970–1970 |
McKenzie v. McKenzie
green
1 sentence1970Does that sum total demonstrate a willful and wanton disregard for public safety on the part of defendant Sanders, McKenzie v. McKenzie (1965), 374 Mich 320 , 324? | 1 | 1970–1970 |
Turner v. Cotham
green
1 sentence1965It is imposed because the conduct, usually made up of the sum total of these factors, manifests a high degree of danger, a manifest probability that harm will result therefrom, and an utter disregard of the probable consequences.” In Turner v. Cotham, 361 Mich 198 , this Court held the state of mind of the driver is obviously involved in every action in which a guest passenger alleges *373 gross negligence and that such matter is necessarily a matter of inference from the facts in each case. | 1 | 1965–1965 |
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.