definite rule (Delaware) · Go Syfert
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definite rule in Delaware

6 Delaware opinions name it 3 courts 1953–2024 2 in the last five years

The cases below were cited by Delaware 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
Delmarva Power & Light v. Stoutgreen
del · 1977 · cited in 2 Delaware opinions naming this issue, 2024–2024
2 sentences

2024To prevail on a claim for negligence, a plaintiff must prove by a preponderance of the evidence that (1) the defendant owed a duty of care to the plaintiff, (2) the defendant breached that duty, (3) the 62 See Opening Br. at 12–13 & n.10 (“[w]hile legal ownership may be disputed, [d]efendant’s possession of the dog is not.”); Reply Br. at 10. 63 See Answering Br. at 15–16. 21 plaintiff was injured, and (4) the defendant’s breach was the proximate cause of the plaintiff’s injuries.64 A plaintiff alleging negligence must establish that the defendant “failed to exercise the care of a reasonably p

2024To prevail on a claim for negligence, a plaintiff must prove by a preponderance of the evidence that (1) the defendant owed a duty of care to the plaintiff, (2) the defendant breached that duty, (3) the 62 See Opening Br. at 12–13 & n.10 (“[w]hile legal ownership may be disputed, [d]efendant’s possession of the dog is not.”); Reply Br. at 10. 63 See Answering Br. at 15–16. 21 plaintiff was injured, and (4) the defendant’s breach was the proximate cause of the plaintiff’s injuries.64 A plaintiff alleging negligence must establish that the defendant “failed to exercise the care of a reasonably p

22
Jackson v. HOPKINS TRUCKING CO., INC.green
del · 2010 · cited in 2 Delaware opinions naming this issue, 2024–2024
2 sentences

2024See also Jackson v. Hopkins Trucking Co., Inc., 3 A.3d 1097 , 2010 WL 3397478, at *4 (Del.

2024See also Jackson v. Hopkins Trucking Co., Inc., 3 A.3d 1097 , 2010 WL 3397478, at *4 (Del.

22
Kane v. Clarkgreen
del · 2010 · cited in 2 Delaware opinions naming this issue, 2024–2024
2 sentences

2024See also Jackson v. Hopkins Trucking Co., Inc., 3 A.3d 1097 , 2010 WL 3397478, at *4 (Del.

2024See also Jackson v. Hopkins Trucking Co., Inc., 3 A.3d 1097 , 2010 WL 3397478, at *4 (Del.

22
Conway v. Sheagreen
mass · 1933 · cited in 2 Delaware opinions naming this issue, 1953–1953
2 sentences

1953See Conway v. Shea, 282 Mass. 25 , 183 N.E. 717 , 88 A.L.R. 551 .

1953See Conway v. Shea, 282 Mass. 25 , 183 N.E. 717 , 88 A.L.R. 551 .

22

Distinguished, questioned or overruled (0)

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

Also cited on this issue (2)

CaseCitedYears
Robelen Piano Company v. Di Fonzo green
del · 1961
2 sentences

1990Cf. The Restatement (Second) of Torts §§ 342 and 388 (1965) [Restatement], In the earlier case of Robelen Piano Co. v. Di Fonzo, 53 Del. 346 , 169 A.2d 240 (1961), the Delaware Supreme Court held: The standard of care required of all defendants in tort actions is that of a reasonably prudent man, that standard, however, is not a definite rule easily applicable to every state of facts.

1990Cf. The Restatement (Second) of Torts §§ 342 and 388 (1965) [Restatement], In the earlier case of Robelen Piano Co. v. Di Fonzo, 53 Del. 346 , 169 A.2d 240 (1961), the Delaware Supreme Court held: The standard of care required of all defendants in tort actions is that of a reasonably prudent man, that standard, however, is not a definite rule easily applicable to every state of facts.

11990–1990
Eastern Shore Natural Gas Co. v. Stauffer Chemical Co. green
del · 1972
1 sentence

1989Cf. Eastern Shore Natural Gas Co. v. Stauffer Chemical Co., Del.Supr., 298 A.2d 322 (1972); Data Gen.

11989–1989

Where else courts name it

OH 128 (1930–2026) MA 62 (1950–2026) FL 50 (1943–2024) CA 31 (1907–2024) TX 29 (1916–2023) NY 25 (1881–2011) PA 20 (1900–2022) MO 19 (1903–1992) MN 18 (1895–2018) NJ 12 (1941–2024) MD 12 (1906–2004) IL 11 (1922–1994) GA 11 (1904–2014) MI 11 (1890–2022) CT 10 (1923–2000) IA 10 (1917–2021) LA 10 (1925–1982) IN 9 (1898–2003) WI 9 (1899–2021) AL 8 (1891–2007) AR 8 (1907–2009) AZ 8 (1938–2022) CO 8 (1914–2020) VA 7 (1928–2023) VT 7 (1899–2026) MT 6 (1909–1992) SD 6 (1894–2018) DE 6 (1953–2024) OK 6 (1930–1961) WA 5 (1937–2017) KY 5 (1911–1983) MS 5 (1930–2015) NE 5 (1933–2001) NM 4 (1938–1980) OR 4 (1943–1984) WY 4 (1908–1997) ID 4 (1924–2008) WV 3 (1918–1966) TN 3 (1940–1947) HI 2 (1934–1988) SC 2 (1964–2019) NV 2 (1949–2014) AK 2 (1972–2006) NC 2 (1907–1914) KS 2 (1897–1957)

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.

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