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7 New Mexico opinions name it 2 courts 1988–2021 1 in the last five years
The cases below were cited by New Mexico 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 |
|---|---|---|
Allison v. Shell Oil Co.green2 sentences1995See, e.g., Allison v. Shell Oil Co., 113 Ill.2d 26 , 99 Ill.Dec. 115, 119-20 , 495 N.E.2d 496, 500-01 (1986) (declaring that active/passive doctrine is replaced by system applying comparative-fault principles); Schneider Nat'l, Inc. v. Holland Hitch Co., 843 P.2d 561, 576-77 (Wyo.1992) (recognizing Wyoming's acceptance of relative-fault doctrine over the "all-or-nothing rule"). 1995See, e.g., Allison v. Shell Oil Co., 113 Ill.2d 26 , 99 Ill.Dec. 115, 119-20 , 495 N.E.2d 496, 500-01 (1986) (declaring that active/passive doctrine is replaced by system applying comparative-fault principles); Schneider Nat'l, Inc. v. Holland Hitch Co., 843 P.2d 561, 576-77 (Wyo.1992) (recognizing Wyoming's acceptance of relative-fault doctrine over the "all-or-nothing rule"). | 2 | 2 |
Schneider National, Inc. v. Holland Hitch Co.green2 sentences1995See, e.g., Allison v. Shell Oil Co., 113 Ill.2d 26 , 99 Ill.Dec. 115, 119-20 , 495 N.E.2d 496, 500-01 (1986) (declaring that active/passive doctrine is replaced by system applying comparative-fault principles); Schneider Nat'l, Inc. v. Holland Hitch Co., 843 P.2d 561, 576-77 (Wyo.1992) (recognizing Wyoming's acceptance of relative-fault doctrine over the "all-or-nothing rule"). 1995See, e.g., Allison v. Shell Oil Co., 113 Ill.2d 26 , 99 Ill.Dec. 115, 119-20 , 495 N.E.2d 496, 500-01 (1986) (declaring that active/passive doctrine is replaced by system applying comparative-fault principles); Schneider Nat'l Inc. v. Holland Hitch Co., 843 P.2d 561, 576-77 (Wyo.1992) (recognizing Wyoming’s acceptance of relative-fault doctrine over the “all-or-nothing rule”). | 2 | 2 |
Scott v. Rizzored2 sentences1993The basic premise underlying our Supreme Court's adoption of the doctrine of comparative negligence was to ameliorate the all-or-nothing doctrine of contributory negligence and replace it with a more equitable system in order to accomplish "(1) apportionment of fault between or among negligent parties whose negligence proximately causes any part of a loss or injury, and (2) apportionment of the total damages resulting from such loss or injury in proportion to the fault of each party." Id. 1992The basic premise underlying our Supreme Court’s adoption of the doctrine of comparative negligence was to ameliorate the all-or-nothing doctrine of contributory negligence and replace it with a more equitable system in order to accomplish “(1) apportionment of fault between or among negligent parties whose negligence proximately causes any part of a loss or injury, and (2) apportionment of the total damages resulting from such loss or injury in proportion to the fault of each party.” Id. | 1 | 3 |
State v. Bacagreen2 sentences2021See State v. Baca, 1997-NMSC-059, ¶ 27 , 124 N.M. 333 , 950 P.2d 776 (“[T]he decision to pursue an alibi or all-or-nothing defense is not outside the range of effective representation.”). 2021See State v. Baca, 1997-NMSC-059, ¶ 27 , 124 N.M. 333 , 950 P.2d 776 (“[T]he decision to pursue an alibi or all-or-nothing defense is not outside the range of effective representation.”). | 1 | 1 |
Baxter Ex Rel. Estate of Baxter v. Nocegreen2 sentences1992As observed by our supreme court in Baxter v. Noce, 107 N.M. 48, 51 , 752 P.2d 240, 243 (1988), "[i]n adopting the doctrine of comparative negligence, we supplanted the all-or-nothing bar of contributory negligence and subjected the doctrine of assumption of risk and other concepts based on the claimant's negligence to a comparative negligence analysis." Thus, we conclude that the doctrine of comparative negligence is applicable to claims brought under the Act where both the skier and the ski area operator are alleged to have breached statutory duties. 3. 1992As observed by our supreme court in Baxter v. Noce, 107 N.M. 48, 51 , 752 P.2d 240, 243 (1988), "[i]n adopting the doctrine of comparative negligence, we supplanted the all-or-nothing bar of contributory negligence and subjected the doctrine of assumption of risk and other concepts based on the claimant's negligence to a comparative negligence analysis." Thus, we conclude that the doctrine of comparative negligence is applicable to claims brought under the Act where both the skier and the ski area operator are alleged to have breached statutory duties. 3. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Mexico. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Bartlett v. New Mexico Welding Supply, Inc.
red
2 sentences1993Following the adoption of the doctrine of comparative negligence in Scott , this Court, in Bartlett v. New Mexico Welding Supply, Inc., 98 N.M. 152 , 646 P.2d 579 (Ct.App. 1982), held that in comparative negligence cases the doctrine of joint and several liability should no longer be applied and that individual concurrent tortfeasors should be legally responsible only for their respective percentage of fault. 1993Following the adoption of the doctrine of comparative negligence in Scott , this Court, in Bartlett v. New Mexico Welding Supply, Inc., 98 N.M. 152 , 646 P.2d 579 (Ct.App. 1982), held that in comparative negligence cases the doctrine of joint and several liability should no longer be applied and that individual concurrent tortfeasors should be legally responsible only for their respective percentage of fault. | 2 | 1992–1993 |
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.