contributory negligence rule (Montana) · Go Syfert
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contributory negligence rule in Montana

6 Montana opinions name it 1 courts 1934–2008 0 in the last five years

The cases below were cited by Montana 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 (3)

CaseFollowedCited
Reed v. Littlegreen
mont · 1984 · cited in 2 Montana opinions naming this issue, 2007–2008
2 sentences

2007Dobbs, The Law of Torts vol. 1, § 199, at 494 (West 2001); see also Reed v. Little, 209 Mont. 199, 205 , 680 P.2d 937, 941 (1984) (stating that “[u]nder the old contributory negligence rule, a plaintiff could not recover if the plaintiff were negligent in any degree”).

2007Dobbs, The Law of Torts vol. 1, § 199, at 494 (West 2001); see also Reed v. Little, 209 Mont. 199, 205 , 680 P.2d 937, 941 (1984) (stating that “[u]nder the old contributory negligence rule, a plaintiff could not recover if the plaintiff were negligent in any degree”).

22
Faulconbridge v. Stategreen
mont · 2006 · cited in 1 Montana opinions naming this issue, 2007–2007
2 sentences

2007However, “[c]omparative negligence compares the conduct of the parties “based on evidence and contributory negligence, as established by reasonable and prudent person standards.’ ” 4 Faulconbridge v. State, 2006 MT 198, ¶ 99 , 333 Mont. 186, ¶ 99 , 142 P.3d 777, ¶ 99 (quoting Lewis v. Puget Sound Power & Light Co., 2001 MT 145, ¶ 25 , 306 Mont. 37, ¶ 25 , 29 P.3d 1028, ¶ 25 ).

2007However, “[c]omparative negligence compares the conduct of the parties “based on evidence and contributory negligence, as established by reasonable and prudent person standards.’ ” 4 Faulconbridge v. State, 2006 MT 198, ¶ 99 , 333 Mont. 186, ¶ 99 , 142 P.3d 777, ¶ 99 (quoting Lewis v. Puget Sound Power & Light Co., 2001 MT 145, ¶ 25 , 306 Mont. 37, ¶ 25 , 29 P.3d 1028, ¶ 25 ).

11
Deeds v. United Statesgreen
mtd · 1969 · cited in 1 Montana opinions naming this issue, 1978–1978
2 sentences

1978As Judge Jameson held in Deeds v. United States, 306 F.Supp. 348, 363 (D.C.Mont. 1969): “While the defense of assumption of risk is usually asserted in employer-employee cases, in Montana the defense has been extended to ‘relationships independent of the master-servant relationship’.

1978As Judge Jameson held in Deeds v. United States, 306 F. Supp. 348, 363 (D.C.Mont. 1969): "While the defense of assumption of risk is usually asserted in employer-employee cases, in Montana the defense has been extended to `relationships independent of the master-servant relationship'.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (6)

CaseCitedYears
Lewis v. Puget Sound Power & Light Co. green
mont · 2001
2 sentences

2007However, “[c]omparative negligence compares the conduct of the parties “based on evidence and contributory negligence, as established by reasonable and prudent person standards.’ ” 4 Faulconbridge v. State, 2006 MT 198, ¶ 99 , 333 Mont. 186, ¶ 99 , 142 P.3d 777, ¶ 99 (quoting Lewis v. Puget Sound Power & Light Co., 2001 MT 145, ¶ 25 , 306 Mont. 37, ¶ 25 , 29 P.3d 1028, ¶ 25 ).

2007However, “[c]omparative negligence compares the conduct of the parties “based on evidence and contributory negligence, as established by reasonable and prudent person standards.’ ” 4 Faulconbridge v. State, 2006 MT 198, ¶ 99 , 333 Mont. 186, ¶ 99 , 142 P.3d 777, ¶ 99 (quoting Lewis v. Puget Sound Power & Light Co., 2001 MT 145, ¶ 25 , 306 Mont. 37, ¶ 25 , 29 P.3d 1028, ¶ 25 ).

12007–2007
Danculovich v. Brown green
wyo · 1979
2 sentences

1983Damages resulting from willful and wanton misconduct are not ‘damages for negligence’ as that term is used in Sec. 1-1-109.” 593 P.2d at 194 .

1983Damages resulting from willful and wanton misconduct are not `damages for negligence' as that term is used in § 1-1-109." 593 P.2d at 194 .

11983–1983
Sorensen v. Allred green
calctapp · 1980
2 sentences

1983(Sorenson v. Allred (1980), 112 Cal.App.3d 717 , 169 Cal.Rptr. 441 .) In reaching its conclusion, the court noted that the contributory-negligence rule and the willful-misconduct rule together amount to a rule of comparative fault under which the lesser fault does not bar the greater.

1983(Sorenson v. Allred (1980), 112 Cal.App.3d 717 , 169 Cal.Rptr. 441 .) In reaching its conclusion, the court noted that the contributory-negligence rule and the willful-misconduct rule together amount to a rule of comparative fault under which the lesser fault does not bar the greater.

11983–1983
Southern Pac. Transp. Co. v. State of California green
calctapp · 1981
2 sentences

1983Co. v. State (1981), 115 Cal. App.3d 116, 121 , 171 Cal. Rptr. 187 , 191 concurred with Sorensen, supra: "The second unresolved issue in Li, the role of willful misconduct under comparative negligence, was recently addressed by the Court of Appeal in the Fifth District, which concluded that willful misconduct does not preclude application of the comparative-negligence rule. ( Sorensen v. Allred (1980) 112 Cal. App.3d 717 , 169 Cal. Rptr. 441 .) In reaching its conclusion, the court noted that the contributory-negligence rule and the willful-misconduct rule together amount to a rule of comparat

1983Co. v. State (1981), 115 Cal. App.3d 116, 121 , 171 Cal. Rptr. 187 , 191 concurred with Sorensen, supra: "The second unresolved issue in Li, the role of willful misconduct under comparative negligence, was recently addressed by the Court of Appeal in the Fifth District, which concluded that willful misconduct does not preclude application of the comparative-negligence rule. ( Sorensen v. Allred (1980) 112 Cal. App.3d 717 , 169 Cal. Rptr. 441 .) In reaching its conclusion, the court noted that the contributory-negligence rule and the willful-misconduct rule together amount to a rule of comparat

11983–1983
DeVerniero v. Eby green
mont · 1972
2 sentences

1974Concerning the first appeal issue, plaintiff relies heavily on DeVerniero v. Eby, 159 Mont. 146, 148 , 496 P.2d 290 , in contending that a contributory negligence instruction was improper under the facts of the instant case.

1974Concerning the first appeal issue, plaintiff relies heavily on DeVerniero v. Eby, 159 Mont. 146, 148 , 496 P.2d 290 , in contending that a contributory negligence instruction was improper under the facts of the instant case.

11974–1974
Hallyburton v. Burke County Fair Ass'n green
· 1896
2 sentences

1934J. 108; Peterson v. Conlan , above; Hallyburton v. Burke County Fair Assn., 119 N. C. 526 , 26 S. E. 114 , 38 L.

1934J. 108; Peterson v. Conlan , above; Hallyburton v. Burke County Fair Assn., 119 N. C. 526 , 26 S. E. 114 , 38 L.

11934–1934

Statutes the citing opinions construe

MT § Mont. Code Ann. § 27-1-702 (3)

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

MO 97 (1903–2024) CA 79 (1907–2026) IL 74 (1883–2024) LA 43 (1925–2024) IN 36 (1883–2023) MI 35 (1922–2026) KY 35 (1925–2022) NJ 34 (1976–2020) NY 33 (1887–2025) FL 32 (1930–2019) MD 31 (1910–2026) IA 31 (1903–2022) TN 30 (1964–2015) NC 29 (1900–2025) WA 29 (1931–2025) AZ 27 (1946–2025) AL 23 (1907–2024) DC 21 (1976–2021) NM 20 (1963–2021) PA 20 (1923–2025) TX 16 (1919–2018) OR 16 (1957–2022) SC 15 (1903–2011) MS 15 (1956–2018) CO 14 (1912–2016) WV 12 (1893–2017) OH 12 (1871–2024) VA 11 (1895–2024) GA 11 (1883–2009) MN 10 (1912–2006) CT 10 (1976–2014) WY 8 (1939–1994) UT 8 (1918–2018) NE 8 (1984–2003) WI 8 (1925–2015) SD 8 (1932–2009) KS 7 (1919–2017) AK 7 (1971–1991) MT 6 (1934–2008) OK 6 (1972–2026) HI 6 (1968–2008) MA 5 (1898–2007) ID 5 (1938–2021) VT 5 (1944–2025) AR 4 (1898–2001) NH 3 (1931–1984) DE 3 (1980–1995) ND 2 (1957–1970) ME 2 (1974–1984) RI 2 (1979–2004)

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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