general common law rule (Colorado) · Go Syfert
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general common law rule in Colorado

5 Colorado opinions name it 2 courts 1978–2019 0 in the last five years

The cases below were cited by Colorado 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 (7)

CaseFollowedCited
Zapata v. Peoplegreen
colo · 2018 · cited in 1 Colorado opinions naming this issue, 2019–2019
2 sentences

2019Id. at ¶ 44, 428 P.3d at 527 (“[W]here, as here, the General Assembly has specified that only a limited waiver occurs, that—not a general common law principle—controls.”).

2019Id. at ¶ 44, 428 P.3d at 527 ("[W]here, as here, the General Assembly has specified that only a limited waiver occurs, that-not a general common law principle-controls.").

11
Pawnee Farmers Elevator & Supply Co. v. Powellgreen
colo · 1924 · cited in 1 Colorado opinions naming this issue, 2017–2017
2 sentences

2017Exch., 826 P.2d 433, 435 (Colo. App. 1992); accord Elgin v. Bartlett, 994 P.2d 411, 416 (Colo. 1999). ¶ 27 A parent may relinquish his or her right to pre-majority expenses, Powell, 76 Colo. at 7-8 , 227 P. at 839 , “but . . . the mere fact that the [parent], as the next friend of the minor, brought the perceive some value in noting that Colorado Civil Jury Instruction 6:3 — Personal Injuries - Minor Child - Measure of Parents’ Damages — tracks the general common law rule.

2017Exch., 826 P.2d 433, 435 (Colo. App. 1992); accord Elgin v. Bartlett, 994 P.2d 411, 416 (Colo. 1999). ¶ 27 A parent may relinquish his or her right to pre-majority expenses, Powell, 76 Colo. at 7-8 , 227 P. at 839 , “but . . . the mere fact that the [parent], as the next friend of the minor, brought the perceive some value in noting that Colorado Civil Jury Instruction 6:3 — Personal Injuries - Minor Child - Measure of Parents’ Damages — tracks the general common law rule.

11
Kinsella v. Farmers Insurance Exchangegreen
coloctapp · 1992 · cited in 1 Colorado opinions naming this issue, 2017–2017
1 sentence

2017Exch., 826 P.2d 433, 435 (Colo. App. 1992); accord Elgin v. Bartlett, 994 P.2d 411, 416 (Colo. 1999). ¶ 27 A parent may relinquish his or her right to pre-majority expenses, Powell, 76 Colo. at 7-8 , 227 P. at 839 , “but . . . the mere fact that the [parent], as the next friend of the minor, brought the perceive some value in noting that Colorado Civil Jury Instruction 6:3 — Personal Injuries - Minor Child - Measure of Parents’ Damages — tracks the general common law rule.

11
Wilson v. Knightgreen
kanctapp · 1999 · cited in 1 Colorado opinions naming this issue, 2017–2017
1 sentence

2017Wilson v. Knight, 982 P.2d 400, 405 (Kan.

11
Elgin v. Bartlettgreen
colo · 1999 · cited in 1 Colorado opinions naming this issue, 2017–2017
1 sentence

2017Exch., 826 P.2d 433, 435 (Colo. App. 1992); accord Elgin v. Bartlett, 994 P.2d 411, 416 (Colo. 1999). ¶ 27 A parent may relinquish his or her right to pre-majority expenses, Powell, 76 Colo. at 7-8 , 227 P. at 839 , “but . . . the mere fact that the [parent], as the next friend of the minor, brought the perceive some value in noting that Colorado Civil Jury Instruction 6:3 — Personal Injuries - Minor Child - Measure of Parents’ Damages — tracks the general common law rule.

11
People v. Tynongreen
coloctapp · 1892 · cited in 1 Colorado opinions naming this issue, 1997–1997
1 sentence

1997See People v. Tynon, 2 Colo. App. 131 , 29 P. 809 , (1892); see also Summers, Law of Oil & Gas § 662 (1962); Restatement (Second) of Contracts § 161, illustration 10 (1981).

11
Mills v. Standard Title Insurancegreen
colo · 1978 · cited in 1 Colorado opinions naming this issue, 1978–1978
1 sentence

1978See Mills v. Standard Title Insurance Co., Colo., 577 P.2d 756 (1978); Farmers Elevator Co. v. Morgan, 172 Colo. 545 , 474 P.2d 617 (1970).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (4)

CaseCitedYears
Wales v. Howard Ex Rel. Howard green
colo · 1967
2 sentences

2017CJI-Civ. 4th 6:3 (2014). 17 action is not equivalent to relinquishment.” Wales, 164 Colo. at 172 , 433 P.2d at 496 . ¶ 28 Those states that follow the common law rule typically allow four exceptions: The parents’ cause of action for medical expenses can be shifted to the minor if: (1) the minor child has paid or agreed to pay the expenses; (2) the minor child is legally responsible for payment (emancipation, death or incompetency of the parents); (3) if the parents waive or assign their right to recovery in favor of the minor; or (4) when recovery of expenses is permitted by statute.

2017CJI-Civ. 4th 6:3 (2014). 17 action is not equivalent to relinquishment.” Wales, 164 Colo. at 172 , 433 P.2d at 496 . ¶ 28 Those states that follow the common law rule typically allow four exceptions: The parents’ cause of action for medical expenses can be shifted to the minor if: (1) the minor child has paid or agreed to pay the expenses; (2) the minor child is legally responsible for payment (emancipation, death or incompetency of the parents); (3) if the parents waive or assign their right to recovery in favor of the minor; or (4) when recovery of expenses is permitted by statute.

12017–2017
RE Bean Const. v. MIDDLEBURY, ETC. green
vt · 1980
1 sentence

1982Bean Construction Co. v. Middlebury Associates, 139 Vt. 200 , 428 A.2d 306 (1980): “Certainly the general common law rule is that an award not rendered within a party-established time limitation is void....

11982–1982
R. E. Bean Construction Co. v. Middlebury Associates & Middlebury Developers, Inc. green
vt · 1980
1 sentence

1982Bean Construction Co. v. Middlebury Associates, 139 Vt. 200 , 428 A.2d 306 (1980): “Certainly the general common law rule is that an award not rendered within a party-established time limitation is void....

11982–1982
Farmers Elevator Company of Sterling v. Morgan green
colo · 1970
2 sentences

1978See Mills v. Standard Title Insurance Co., Colo., 577 P.2d 756 (1978); Farmers Elevator Co. v. Morgan, 172 Colo. 545 , 474 P.2d 617 (1970).

1978See Mills v. Standard Title Insurance Co., Colo., 577 P.2d 756 (1978); Farmers Elevator Co. v. Morgan, 172 Colo. 545 , 474 P.2d 617 (1970).

11978–1978

Where else courts name it

CA 99 (1912–2026) TX 72 (1934–2025) NY 38 (1854–2026) NC 32 (1969–2021) TN 24 (1912–2025) WA 24 (1952–2025) CT 24 (1887–2025) IL 22 (1909–2019) MN 19 (1967–2026) MO 16 (1900–2023) UT 16 (1987–2020) IN 15 (1903–2015) NJ 14 (1965–2021) MI 13 (1965–2025) MD 12 (1988–2024) PA 12 (1947–2024) AZ 11 (1969–2023) OH 11 (1971–2018) FL 11 (1958–2021) OR 10 (1975–2019) AR 9 (1938–2015) MA 9 (1932–2008) WV 9 (1982–2022) WI 9 (1882–2004) GA 8 (1902–2020) AL 8 (1968–2018) NM 8 (1998–2023) IA 7 (1902–2012) DE 7 (1927–2019) OK 7 (1992–2014) MT 6 (1969–2024) NH 6 (1881–2018) AK 5 (1977–2022) KS 5 (1984–2021) CO 5 (1978–2019) VT 4 (1980–2021) MS 4 (1986–1999) SC 4 (1984–2023) VA 4 (1987–2018) HI 4 (1971–2017) ND 3 (1992–2015) RI 3 (1992–2004) ID 3 (1986–2012) ME 3 (2005–2017) LA 2 (1908–1975) NE 2 (1922–1956) WY 2 (2004–2015) KY 2 (1929–1959)

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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