comparative negligence defense (Idaho) · Go Syfert
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comparative negligence defense in Idaho

5 Idaho opinions name it 2 courts 1990–2017 0 in the last five years

The cases below were cited by Idaho 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
McClain ex rel. McClain v. Lewiston Interstate Fair & Racing Ass'ngreen
· 1909 · cited in 2 Idaho opinions naming this issue, 2017–2017
2 sentences

2017The question now is whether the comparative negligence defense in strict liability dog-bite actions should be limited to only some forms of contributory negligence. 4 McClain v. Lewiston Interstate Fair & Racing Ass’n, 17 Idaho 63 , 104 P. 1015 (1909) dealt with an action grounded in negligence and trespass, despite using the word “liable” seventeen times.

2017The question now is whether the comparative negligence defense in strict liability dog-bite actions should be limited to only some forms of contributory negligence. 4 McClain v. Lewiston Interstate Fair & Racing Ass’n, 17 Idaho 63 , 104 P. 1015 (1909) dealt with an action grounded in negligence and trespass, despite using the word “liable” seventeen times.

22
State v. Johnsongreen
idaho · 1995 · cited in 1 Idaho opinions naming this issue, 2014–2014
2 sentences

2014Additionally, the Idaho Supreme Court has declined to “infuse the crime of aggravated DUI with the element of gross negligence as defined in I.C. § 18-114.” State v. Johnson, 126 Idaho 892, 895 , 894 P.2d 125, 128 (1995).

2014Additionally, the Idaho Supreme Court has declined to “infuse the crime of aggravated DUI with the element of gross negligence as defined in I.C. § 18-114.” State v. Johnson, 126 Idaho 892, 895 , 894 P.2d 125, 128 (1995).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (2)

CaseCitedYears
Bates v. Eastern Idaho Regional Med. Ctr. green
idaho · 1988
2 sentences

1990We note in passing that the applicability of comparative negligence was not raised as an issue in Bates v. Eastern Idaho Regional Medical Center, 114 Idaho 252 , 755 P.2d 1290 (1988).

1990We note in passing that the applicability of comparative negligence was not raised as an issue in Bates v. Eastern Idaho Regional Medical Center, 114 Idaho 252 , 755 P.2d 1290 (1988).

11990–1990
Campion v. Simpson green
idaho · 1983
2 sentences

1990It did this by intimating that a comparative negligence standard is applicable where wrongful conduct combines with other causes to produce damages, citing Campion, 104 Idaho at 416-17 , 659 P.2d at 769-70 .

1990It did this by intimating that a comparative negligence standard is applicable where wrongful conduct combines with other causes to produce damages, citing Campion, 104 Idaho at 416-17 , 659 P.2d at 769-70 .

11990–1990

Statutes the citing opinions construe

ID § Idaho Code § 6-801 (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

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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