affirmative and complete defense (Alabama) · Go Syfert
← Alabama issues

affirmative and complete defense in Alabama

6 Alabama opinions name it 2 courts 2000–2018 0 in the last five years

The cases below were cited by Alabama 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 (2)

CaseFollowedCited
Ridgeway v. CSX Transp., Inc.green
· 1998 · cited in 6 Alabama opinions naming this issue, 2000–2018
2 sentences

2018In order to establish contributory negligence, the *511 defendant bears the burden of proving that the plaintiff 1) had knowledge of the dangerous condition; 2) had an appreciation of the danger under the surrounding circumstances; and 3) failed to exercise reasonable care, by placing himself in the way of danger.' " Ridgeway v. CSX Transp., Inc. , 723 So.2d 600 , 606 (Ala. 1998).

2018In order to establish contributory negligence, the *511 defendant bears the burden of proving that the plaintiff 1) had knowledge of the dangerous condition; 2) had an appreciation of the danger under the surrounding circumstances; and 3) failed to exercise reasonable care, by placing himself in the way of danger.' " Ridgeway v. CSX Transp., Inc. , 723 So.2d 600 , 606 (Ala. 1998).

36
Norfolk Southern Railway Co. v. Johnsongreen
ala · 2011 · cited in 3 Alabama opinions naming this issue, 2017–2018
2 sentences

2018In Norfolk Southern Ry. v. Johnson , 75 So.3d 624 , 639 (Ala. 2011), this Court stated, concerning contributory negligence: " 'Contributory negligence is an affirmative and complete defense to a claim based on negligence.

2018In Norfolk Southern Ry. v. Johnson , 75 So.3d 624 , 639 (Ala. 2011), this Court stated, concerning contributory negligence: " 'Contributory negligence is an affirmative and complete defense to a claim based on negligence.

13

Distinguished, questioned or overruled (0)

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

← Caselaw search · G Cite Topics · Brief Check