Saturday, December 31, 2005

Plaintiff's own stupidity

I had to do a summary for an outline group for P's conduct, and I first did the section under "Effects of Plaintiff's Conduct," but then I found there were more cases scattered around relating to the same thing. Here's a list.
  • in the main section: cases 128-140
  • on "imputation": Womack, Kalechman, Handeland (under Apportionment)
  • on joint&several liablity getting co-plaintiff off hook: Walt Disney World (same)
  • physical and mental facts as part of "circumstances" for contributory negligence: Memorial Hospital (under Anatomy of Fault)
  • a youth's age and experience as circumstances for contrib negl: Charbonneau, Hill Transport, Dellwo, Teranella (under Anatomy)
  • reliance on D's reasonableness not contrib negl: Jackson v. Leach
  • violation of statute not "contributory negligence per se" if reasonable: Combs v. Los Angeles Ry
If anyone knows of anything else on plaintiff's behavior affecting recovery, please let me know. Thanks!


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