contributory negligence doctrine (Wyoming) · Go Syfert
← Wyoming issues

contributory negligence doctrine in Wyoming

8 Wyoming opinions name it 1 courts 1939–1994 0 in the last five years

The cases below were cited by Wyoming 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 (4)

CaseFollowedCited
Barnette v. Doylegreen
wyo · 1981 · cited in 2 Wyoming opinions naming this issue, 1991–1994
2 sentences

1994See Barnette v. Doyle, 622 P.2d 1349, 1361 (Wyo.1981) and Brittain v. Booth, 601 P.2d 532, 534 (Wyo.1979).

1994See Barnette v. Doyle, 622 P.2d 1349, 1361 (Wyo.1981) and Brittain v. Booth, 601 P.2d 532, 534 (Wyo.1979).

22
Brittain v. Boothgreen
wyo · 1979 · cited in 1 Wyoming opinions naming this issue, 1994–1994
2 sentences

1994See Barnette v. Doyle, 622 P.2d 1349, 1361 (Wyo.1981) and Brittain v. Booth, 601 P.2d 532, 534 (Wyo.1979).

1994See Barnette v. Doyle, 622 P.2d 1349, 1361 (Wyo.1981) and Brittain v. Booth, 601 P.2d 532, 534 (Wyo.1979).

11
Nga Li v. Yellow Cab Co.green
cal · 1975 · cited in 1 Wyoming opinions naming this issue, 1992–1992
2 sentences

1992Co. of California, 13 Cal.3d 804 , 119 Cal.Rptr. 858, 864 , 532 P.2d 1226, 1232 (1975)). [T]he equitable indemnity doctrine originated in the common sense proposition that when two individuals are responsible for a loss, but one of the two is more *578 culpable than the other, it is only fair that the more culpable party should bear a greater share of the loss.

1992Co. of California, 13 Cal.3d 804 , 119 Cal.Rptr. 858, 864 , 532 P.2d 1226, 1232 (1975)). [T]he equitable indemnity doctrine originated in the common sense proposition that when two individuals are responsible for a loss, but one of the two is more *578 culpable than the other, it is only fair that the more culpable party should bear a greater share of the loss.

11
Danculovich v. Browngreen
wyo · 1979 · cited in 1 Wyoming opinions naming this issue, 1981–1981
1 sentence

1981Damages resulting from willful and wanton misconduct are not ‘damages for negligence’ as that term is used in § 1-1-109.” (Emphasis added.) Danculovich v. Brown, Wyo., 593 P.2d 187, 194 (1979).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Wyoming. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Johnston v. Vukelic green
wyo · 1950
2 sentences

1981This negligence was defined as: "* * * conduct on the part of a plaintiff which falls below the standard to which he should conform for his own protection and which is a legally contributing cause, cooperating with the negligence of the defendant in bringing about plaintiff's harm. [Citation] The standard of conduct to which he should conform is the standard to which a reasonable man would conform under like circumstances. [Citation] The words `reasonable man' denote a person exercising those qualities of attention, knowledge, intelligence and judgment which society requires of its members for

1981This negligence was defined as: "* * * conduct on the part of a plaintiff which falls below the standard to which he should conform for his own protection and which is a legally contributing cause, cooperating with the negligence of the defendant in bringing about plaintiff's harm. [Citation] The standard of conduct to which he should conform is the standard to which a reasonable man would conform under like circumstances. [Citation] The words `reasonable man' denote a person exercising those qualities of attention, knowledge, intelligence and judgment which society requires of its members for

21981–1981
American Motorcycle Assn. v. Superior Court green
cal · 1978
2 sentences

1992The California Supreme Court determined that traditional 100% indemnity recovery suffers from the same "`all-or-nothing' deficiency as the discarded contributory negligence doctrine and falls considerably short of fulfilling [the contributory negligence doctrine's] goal of `a system under which liability for damage will be borne by those whose negligence caused it in direct proportion to their respective fault.'" Id. 146 Cal.Rptr. at 190 , 578 P.2d at 907 ( quoting Li v. Yellow Cab.

1992The California Supreme Court determined that traditional 100% indemnity recovery suffers from the same "`all-or-nothing' deficiency as the discarded contributory negligence doctrine and falls considerably short of fulfilling [the contributory negligence doctrine's] goal of `a system under which liability for damage will be borne by those whose negligence caused it in direct proportion to their respective fault.'" Id. 146 Cal.Rptr. at 190 , 578 P.2d at 907 ( quoting Li v. Yellow Cab.

11992–1992
Woodward v. Haney green
wyo · 1977
2 sentences

1977The first case in Wyoming involving the construction of § 1-7.2 (supra Note 1), a Wisconsin-type comparative-negligence statute, was Woodward v. Haney, Wyo., 564 P.2d 844 , decided May 18, 1977, wherein we were faced with the issue concerning the propriety of the trial court's refusal to inform the jury of the effect of its answers to the interrogatories in the special verdict.

1977The first case in Wyoming involving the construction of § 1-7.2 (supra Note 1), a Wisconsin-type comparative-negligence statute, was Woodward v. Haney, Wyo., 564 P.2d 844 , decided May 18, 1977, wherein we were faced with the issue concerning the propriety of the trial court’s refusal to inform the jury of the effect of its answers to the interrogatories in the special verdict.

11977–1977
Engel v. Smith green
mich · 1890
1 sentence

1939In the opinion in that case the decision in Engel v. Smith, 82 Mich. 1, 7 , was quoted to this effect: “ Tt is a sound rule of law that it is not contributory negligence not to look out for danger when there is no reason to apprehend any.

11939–1939

Statutes the citing opinions construe

WY § Wyo. Stat. § 1-1-109 (6)

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.

Where else courts name it

MO 97 (1903–2024) CA 79 (1907–2026) IL 74 (1883–2024) LA 43 (1925–2024) IN 36 (1883–2023) MI 35 (1922–2026) KY 35 (1925–2022) NJ 34 (1976–2020) NY 33 (1887–2025) FL 32 (1930–2019) MD 31 (1910–2026) IA 31 (1903–2022) TN 30 (1964–2015) NC 29 (1900–2025) WA 29 (1931–2025) AZ 27 (1946–2025) AL 23 (1907–2024) DC 21 (1976–2021) NM 20 (1963–2021) PA 20 (1923–2025) TX 16 (1919–2018) OR 16 (1957–2022) SC 15 (1903–2011) MS 15 (1956–2018) CO 14 (1912–2016) WV 12 (1893–2017) OH 12 (1871–2024) VA 11 (1895–2024) GA 11 (1883–2009) MN 10 (1912–2006) CT 10 (1976–2014) WY 8 (1939–1994) UT 8 (1918–2018) NE 8 (1984–2003) WI 8 (1925–2015) SD 8 (1932–2009) KS 7 (1919–2017) AK 7 (1971–1991) MT 6 (1934–2008) OK 6 (1972–2026) HI 6 (1968–2008) MA 5 (1898–2007) ID 5 (1938–2021) VT 5 (1944–2025) AR 4 (1898–2001) NH 3 (1931–1984) DE 3 (1980–1995) ND 2 (1957–1970) ME 2 (1974–1984) RI 2 (1979–2004)

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.

← Caselaw search · G Cite Topics · Brief Check