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6 Hawaii opinions name it 2 courts 1968–2008 0 in the last five years
The cases below were cited by Hawaii 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 |
|---|---|---|
Crackel v. Allstate Insurancegreen2 sentences2008Co., 208 Ariz. 252 , 92 P.3d 882, 887, 892 (Ct.App.2004) (concluding that Allstate employed "process" by asserting a contributory negligence defense, serving an offer of judgment, and appealing an arbitration award); see also HRCP Rule 30 (setting for the procedure for filing an answer); Hawai`i Arbitration Rules Rule 22 (authorizing parties to appeal from court annexed arbitration program awards); HRCP Rule 68 (permitting parties to make offers of judgment); HRCP Rules 38 through 53 (addressing trial procedures); Rules of the Circuit Court of the State of Hawai`i Rule 7(b) (providing that par 2008Co., 208 Ariz. 252 , 92 P.3d 882, 887, 892 (Ct.App.2004) (concluding that Allstate employed "process" by asserting a contributory negligence defense, serving an offer of judgment, and appealing an arbitration award); see also HRCP Rule 30 (setting for the procedure for filing an answer); Hawai`i Arbitration Rules Rule 22 (authorizing parties to appeal from court annexed arbitration program awards); HRCP Rule 68 (permitting parties to make offers of judgment); HRCP Rules 38 through 53 (addressing trial procedures); Rules of the Circuit Court of the State of Hawai`i Rule 7(b) (providing that par | 1 | 1 |
Nienstedt v. Wetzelgreen1 sentence2008Co., 208 Ariz. 252 , 92 P.3d 882, 890 (Ct.App.2004) (concluding that, in using court procedures pursuant to the CCPR plan, Allstate improperly used "the prospect of sustained and expensive litigation as a `club' in an attempt to coerce [the claimants], and similarly situated claimants, to surrender those causes of action that sought only modest damages"); Nienstedt, 651 P.2d at 882 (recognizing that discovery procedures were used for an ulterior purpose where they were employed "to expose the injured party to excessive attorney's fees and legal expenses"); Givens v. Mullikin, 75 S.W.3d 383, 40 | 1 | 1 |
Givens v. Mullikin Ex Rel. McElwaneygreen1 sentence2008Co., 208 Ariz. 252 , 92 P.3d 882, 890 (Ct.App.2004) (concluding that, in using court procedures pursuant to the CCPR plan, Allstate improperly used "the prospect of sustained and expensive litigation as a `club' in an attempt to coerce [the claimants], and similarly situated claimants, to surrender those causes of action that sought only modest damages"); Nienstedt, 651 P.2d at 882 (recognizing that discovery procedures were used for an ulterior purpose where they were employed "to expose the injured party to excessive attorney's fees and legal expenses"); Givens v. Mullikin, 75 S.W.3d 383, 40 | 1 | 1 |
Rapoza v. Parnellgreen2 sentences1998In Rapoza v. Parnell, 83 Hawai'i 78, 82 , 924 P.2d 572, 576 (App.1996), this court noted that the legislature's intent in enacting HRS § 663-31 was to abolish the “unfair” doctrine of contributory negligence: In 1969, the legislature enacted Hawaii’s modified comparative negligence statute, and consequently, abolished the common law doctrine of contributory negligence. 1969 Haw. 1998In Rapoza v. Parnell, 83 Hawai'i 78, 82 , 924 P.2d 572, 576 (App.1996), this court noted that the legislature's intent in enacting HRS § 663-31 was to abolish the “unfair” doctrine of contributory negligence: In 1969, the legislature enacted Hawaii’s modified comparative negligence statute, and consequently, abolished the common law doctrine of contributory negligence. 1969 Haw. | 1 | 1 |
Pacheco v. HILO ELECTRIC LIGHT COMPANY, LTD.green2 sentences1996Pacheco, 55 Haw. at 382 , 520 P.2d at 67 (citation omitted). 1996Pacheco, 55 Haw. at 382 , 520 P.2d at 67 (citation omitted). | 1 | 1 |
Bissen v. Fujiigreen2 sentences1974See Silva v. Oishi, 52 Haw. 129, 136 , 471 P.2d 524, 528 (1970); Bissen v. Fujii, 51 Haw. 636, 640 , 466 P.2d 429, 432 (1970). 1974See Silva v. Oishi, 52 Haw. 129, 136 , 471 P.2d 524, 528 (1970); Bissen v. Fujii, 51 Haw. 636, 640 , 466 P.2d 429, 432 (1970). | 1 | 1 |
Silva v. Oishigreen2 sentences1974See Silva v. Oishi, 52 Haw. 129, 136 , 471 P.2d 524, 528 (1970); Bissen v. Fujii, 51 Haw. 636, 640 , 466 P.2d 429, 432 (1970). 1974See Silva v. Oishi, 52 Haw. 129, 136 , 471 P.2d 524, 528 (1970); Bissen v. Fujii, 51 Haw. 636, 640 , 466 P.2d 429, 432 (1970). | 1 | 1 |
Fawconer v. Stategreen1 sentence1974Bank v. Walker, 78 Utah 241, 251-52 , 2 P.2d 609, 614 (1931). 9 I have in the past dissented from this court’s adherence to the common law doctrine of contributory negligence. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Maki v. Frelk
green
2 sentences1970Perhaps it should be judicially replaced by a comparative negligence standard, as an Illinois court has done after concluding that the doctrine of contributory negligence is “unsound and unjust under present conditions”, and that courts have “not only the right, but the duty to abolish the defense.” Maki v. Frelk, supra at 452, 229 N.E.2d at 291 . 1968Perhaps it should be judicially replaced by a comparative negligence standard, as an Illinois court has done after concluding that the doctrine of contributory negligence is “unsound and unjust under present conditions”, and that courts have "not only the right, but the duty to abolish the defense.” Maki v. Frelk, supra at 452 , 229 N.E.2d at 291 . | 2 | 1968–1970 |
Blazovic v. Andrich
green
2 sentences1998We subscribe to the belief expressed by the Blazovic court that decisions which “rejected] apportionment of fault in actions involving intentional tortfea-sors” were “derive[d] from an earlier era when courts attempted to avoid the harsh effect of the contributory-negligence defense and sought to punish and deter intentional wrongdoers.” Blazovic, 590 A.2d at 231 : Under the comparative principles approach we adopt, “ ‘one major policy reason for ignoring the plaintiffs negligent conduct when an intentional tort is alleged—that of avoiding a bar to recovery—is gone[.]’ ” Id. (quoting Dear and 1998We subscribe to the belief expressed by the Blazovic court that decisions which “rejected] apportionment of fault in actions involving intentional tortfea-sors” were “derive[d] from an earlier era when courts attempted to avoid the harsh effect of the contributory-negligence defense and sought to punish and deter intentional wrongdoers.” Blazovic, 590 A.2d at 231 : Under the comparative principles approach we adopt, “ ‘one major policy reason for ignoring the plaintiffs negligent conduct when an intentional tort is alleged—that of avoiding a bar to recovery—is gone[.]’ ” Id. (quoting Dear and | 1 | 1998–1998 |
Deseret Savings Bank v. Walker
neutral
1 sentence1974Bank v. Walker, 78 Utah 241, 251-52 , 2 P.2d 609, 614 (1931). 9 I have in the past dissented from this court’s adherence to the common law doctrine of contributory negligence. | 1 | 1974–1974 |
Maki v. Frelk
green
1 sentence1970The court refused to replace the doctrine of contributory negligence with the rule of comparative negligence and stated at page 196, 239 N.E.2d at page 447 : "such a far-reaching change, if desirable, should be made by the legislature rather than by the court." It went on to say that it considered the legislature to be manifestly in a better position than the court to consider the numerous problems involved in the adoption of the comparative negligence doctrine. | 1 | 1970–1970 |
Young v. Price
green
2 sentences1970Also as late as June 7, 1968, both the majority and dissenting opinions in Young v. Price, 50 Haw. 430 , 442 P.2d 67 (1968) recognized the doctrine of contributory negligence to be the rule of our jurisdiction. 1 Article III, Section 1 of our State Constitution vests the legislative power of the State in the legislature. 1970Also as late as June 7, 1968, both the majority and dissenting opinions in Young v. Price, 50 Haw. 430 , 442 P.2d 67 (1968) recognized the doctrine of contributory negligence to be the rule of our jurisdiction. 1 Article III, Section 1 of our State Constitution vests the legislative power of the State in the legislature. | 1 | 1970–1970 |
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.