abolished doctrine (Michigan) · Go Syfert
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abolished doctrine in Michigan

6 Michigan opinions name it 1 courts 1985–2023 4 in the last five years

The cases below were cited by Michigan 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 (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Michigan.

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

CaseCitedYears
Placek v. City of Sterling Heights green
mich · 1979
2 sentences

2023THE ADVENT OF COMPARATIVE FAULT In Placek v Sterling Hts, 405 Mich 638, 679 ; 275 NW2d 511 (1979), the Court abolished the doctrine of contributory negligence and replaced it with our modern scheme of comparative fault, finding it to be a more “just and equitable doctrine.” The Court explained that since its inception, “the doctrine of contributory negligence has caused substantial injustice . . . .” Id. at 652 .

2023THE ADVENT OF COMPARATIVE FAULT In Placek v Sterling Hts, 405 Mich 638, 679 ; 275 NW2d 511 (1979), the Court abolished the doctrine of contributory negligence and replaced it with our modern scheme of comparative fault, finding it to be a more “just and equitable doctrine.” The Court explained that since its inception, “the doctrine of contributory negligence has caused substantial injustice . . . .” Id. at 652 .

42023–2023
Kirby v. Larson green
mich · 1977
2 sentences

2023Commentators had long criticized the contributory- negligence rule for “ ‘visit[ing] the entire loss caused by the fault of two parties on one of them alone . . . .’ ” Kirby v Larson, 400 Mich 585, 622 ; 256 NW2d 400 (1977), quoting Prosser, Comparative Negligence, 51 Mich L Rev 465, 469 (1953).

2023Commentators had long criticized the contributory- negligence rule for “ ‘visit[ing] the entire loss caused by the fault of two parties on one of them alone . . . .’ ” Kirby v Larson, 400 Mich 585, 622 ; 256 NW2d 400 (1977), quoting Prosser, Comparative Negligence, 51 Mich L Rev 465, 469 (1953).

42023–2023
Glancy v. City of Roseville green
mich · 1998
2 sentences

2010In 1972, however, this Court abolished the rule, Rule v. Bay City, 387 Mich. 281 , 195 N.W.2d 849 (1972), [7] and, in 1998, we refused to readopt it, Glancy, 457 Mich. at 582 , 577 N.W.2d 897 .

2010In 1972, however, this Court abolished the rule, Rule v Bay City, 387 Mich 281 ; 195 NW2d 849 (1972), 7 and, in 1998, we refused to readopt it, Glancy, 457 Mich at 582 .

12010–2010
Rule v. City of Bay City green
mich · 1972
2 sentences

2010In 1972, however, this Court abolished the rule, Rule v Bay City, 387 Mich 281 ; 195 NW2d 849 (1972), 7 and, in 1998, we refused to readopt it, Glancy, 457 Mich at 582 .

2010In 1972, however, this Court abolished the rule, Rule v Bay City, 387 Mich 281 ; 195 NW2d 849 (1972), 7 and, in 1998, we refused to readopt it, Glancy, 457 Mich at 582 .

12010–2010
Ross v. Consumers Power Co. green
mich · 1982
2 sentences

1985GOVERNMENTAL IMMUNITY When a non-sovereign political unit is engaged in the exercise or discharge of a "governmental function," [22] it has statutory governmental immunity pursuant to the first sentence of § 7. [23] When not engaged in a governmental function, it is not immune. *672 The details of this Court's nine-year struggle to "determin[e] whether a particular activity is a governmental function within the meaning of the statute" are set forth in Ross v Consumers Power Co, 415 Mich 1, 6-11 ; 327 NW2d 293 (1982) (opinion of RYAN, J.), and need not be repeated here.

1985GOVERNMENTAL IMMUNITY When a non-sovereign political unit is engaged in the exercise or discharge of a "governmental function," [22] it has statutory governmental immunity pursuant to the first sentence of § 7. [23] When not engaged in a governmental function, it is not immune. *672 The details of this Court's nine-year struggle to "determin[e] whether a particular activity is a governmental function within the meaning of the statute" are set forth in Ross v Consumers Power Co, 415 Mich 1, 6-11 ; 327 NW2d 293 (1982) (opinion of RYAN, J.), and need not be repeated here.

11985–1985

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 691.1402a (5) MI § Mich. Comp. Laws § 600.2957 (4) MI § Mich. Comp. Laws § 600.2958 (4) MI § Mich. Comp. Laws § 600.2959 (4)

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

IL 15 (1980–2015) PA 13 (1974–2019) TX 8 (1984–2012) SC 6 (1984–2016) MI 6 (1985–2023) ID 6 (1970–2006) WV 5 (1991–2013) CA 5 (1988–2023) ND 5 (1987–2004) GA 4 (1989–2020) NJ 4 (1987–2003) MS 4 (1969–2014) OH 3 (1985–1991) MN 3 (1970–1996) AL 3 (1980–1997) OR 3 (1986–2021) NC 3 (2006–2018) MA 3 (1975–1990) WI 3 (1970–1988) CT 3 (1991–2010) AZ 2 (2015–2016) MO 2 (1979–1985) WY 2 (1982–2018)

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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