comparative negligence rule (Minnesota) · Go Syfert
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comparative negligence rule in Minnesota

6 Minnesota opinions name it 2 courts 1959–1989 0 in the last five years

The cases below were cited by Minnesota 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
Willmar Poultry Co. v. Carus Chemical Co.green
minnctapp · 1985 · cited in 1 Minnesota opinions naming this issue, 1989–1989
1 sentence

1989Willmar Poultry Co. v. Carus Chemical Co., 378 N.W.2d 830, 836 (Minn.Ct.App.1985); Kantorowicz, 349 N.W.2d at 600 .

11
Keefer v. Al Johnson Construction Co.green
minn · 1971 · cited in 1 Minnesota opinions naming this issue, 1974–1974
2 sentences

1974We discussed this primary-secondary liability theory in Keefer v. Al Johnson Const. Co. 292 Minn. 91, 101 , 193 N. W. 2d 305, 311 (1971), as follows: «* * * [T]he difference between primary and secondary liability, as used in determining the right of indemnity, is based, not on a difference in degrees of negligence or on any doctrine of comparative negligence, but on the difference in the character or kind of wrongs which caused the injury and in the nature of the legal obligation owed by each wrongdoer to the injured person.” *359 Therefore, it is apparent that, in determining the right to in

1974We discussed this primary-secondary liability theory in Keefer v. Al Johnson Const. Co. 292 Minn. 91, 101 , 193 N. W. 2d 305, 311 (1971), as follows: «* * * [T]he difference between primary and secondary liability, as used in determining the right of indemnity, is based, not on a difference in degrees of negligence or on any doctrine of comparative negligence, but on the difference in the character or kind of wrongs which caused the injury and in the nature of the legal obligation owed by each wrongdoer to the injured person.” *359 Therefore, it is apparent that, in determining the right to in

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (6)

CaseCitedYears
Kantorowicz v. VFW Post, No. 230 green
minnctapp · 1984
1 sentence

1989Willmar Poultry Co. v. Carus Chemical Co., 378 N.W.2d 830, 836 (Minn.Ct.App.1985); Kantorowicz, 349 N.W.2d at 600 .

11989–1989
Peterson v. City of Minneapolis green
minn · 1969
2 sentences

1988In Peterson v. City of Minneapolis, 285 Minn. 282 , 173 N.W.2d 353 (1969), the supreme court concluded the trial court should have submitted the comparative negligence rule to the jury even though legislation establishing the comparative negligence rule was not in effect at the time of the injuries.

1988In Peterson v. City of Minneapolis, 285 Minn. 282 , 173 N.W.2d 353 (1969), the supreme court concluded the trial court should have submitted the comparative negligence rule to the jury even though legislation establishing the comparative negligence rule was not in effect at the time of the injuries.

11988–1988
Tate v. Superior Court green
calctapp · 1963
2 sentences

1972In this connection, their brief cites a number of foreign decisions: Witt v. Jackson, 57 Cal. 2d 57 , 17 Cal. Rptr. 369 , 366 P. 2d 641 (1961); Tate v. Superior Court, 213 Cal. App. 2d 238 , 28 Cal. Rptr. 548 (1963); Liberty Mutual Ins.

1972In this connection, their brief cites a number of foreign decisions: Witt v. Jackson, 57 Cal. 2d 57 , 17 Cal. Rptr. 369 , 366 P. 2d 641 (1961); Tate v. Superior Court, 213 Cal. App. 2d 238 , 28 Cal. Rptr. 548 (1963); Liberty Mutual Ins.

11972–1972
Witt v. Jackson green
cal · 1961
2 sentences

1972In this connection, their brief cites a number of foreign decisions: Witt v. Jackson, 57 Cal. 2d 57 , 17 Cal. Rptr. 369 , 366 P. 2d 641 (1961); Tate v. Superior Court, 213 Cal. App. 2d 238 , 28 Cal. Rptr. 548 (1963); Liberty Mutual Ins.

1972In this connection, their brief cites a number of foreign decisions: Witt v. Jackson, 57 Cal. 2d 57 , 17 Cal. Rptr. 369 , 366 P. 2d 641 (1961); Tate v. Superior Court, 213 Cal. App. 2d 238 , 28 Cal. Rptr. 548 (1963); Liberty Mutual Ins.

11972–1972
Hanson v. Bailey green
minn · 1957
2 sentences

1971Hanson v. Bailey, 249 Minn. 495 , 83 N. W. 2d 252 (1957); Thill v. Modern Erecting Co. supra. It should also be kept in mind that the difference between primary and secondary liability, as used in determining the right of indemnity, is based, not on a difference in degrees of negligence or on any doctrine of comparative negligence, but on the difference in the character or kind of wrongs which caused the injury and in the nature of the legal obligation owed by each wrongdoer to the injured person.

1971Hanson v. Bailey, 249 Minn. 495 , 83 N. W. 2d 252 (1957); Thill v. Modern Erecting Co. supra. It should also be kept in mind that the difference between primary and secondary liability, as used in determining the right of indemnity, is based, not on a difference in degrees of negligence or on any doctrine of comparative negligence, but on the difference in the character or kind of wrongs which caused the injury and in the nature of the legal obligation owed by each wrongdoer to the injured person.

11971–1971
Craig v. Benedictine Sisters Hospital Ass'n green
minn · 1903
2 sentences

1959Although the additional instruction was technically incorrect under Craig v. Benedictine Sisters Hospital Assn. 88 Minn. 535 , 93 N. W. 669 , it was intended only to answer the question as to applicability of the comparative negligence rule and not as a general statement of the law of negligence.

1959Although the additional instruction was technically incorrect under Craig v. Benedictine Sisters Hospital Assn. 88 Minn. 535 , 93 N. W. 669 , it was intended only to answer the question as to applicability of the comparative negligence rule and not as a general statement of the law of negligence.

11959–1959

Where else courts name it

FL 116 (1918–2024) IL 100 (1869–2021) MI 86 (1898–2025) CA 74 (1917–2026) GA 67 (1907–2024) MS 44 (1939–2024) LA 43 (1932–2022) NY 40 (1908–2026) NM 37 (1952–2012) OH 37 (1931–2025) WV 35 (1931–2024) CT 33 (1979–2017) NJ 28 (1960–2020) PA 24 (1947–2025) CO 22 (1973–2017) NE 21 (1934–1998) KY 21 (1938–2022) SC 17 (1991–2023) TX 17 (1946–2023) IA 16 (1980–2016) AK 16 (1975–2008) KS 13 (1883–1995) MO 12 (1888–2007) WI 11 (1957–2011) NV 9 (1992–2022) WA 9 (1904–2018) TN 9 (1971–2001) ME 9 (1968–2017) AL 9 (1989–2017) ND 8 (1974–2012) MT 8 (1948–2025) MD 7 (1982–2016) AZ 7 (1956–2010) VA 7 (1930–2003) WY 6 (1979–2002) MN 6 (1959–1989) DE 6 (1991–2021) DC 5 (1982–2011) HI 5 (1968–2006) ID 5 (1990–2017) OK 5 (1989–2012) AR 4 (1925–1988) MA 4 (1998–2010) NC 4 (1968–2012) VT 3 (1977–2006) OR 3 (1970–2006) IN 3 (1974–1999) SD 2 (1934–1983) VI 2 (2014–2017) UT 2 (1983–1995) NH 2 (1997–2001)

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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