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    News and Articles on Contributory Negligence



    She leads N.C. lawyers toward new image  Aug 10, 2008
    Its goals this year, Abrams said, include pushing for changes to the state's contributory negligence statute. North Carolina is one of a handful of states that bar plaintiffs from collecting damages if they played any role, no matter how small, in their injury. (News & Observer)

    Broken hand ruling raises concerns  Aug 3, 2008
    His ruling dismissed three precedents presented by UPS lawyer Patrick McNulty before citing another precedent that said: "To disqualify a claimant for a simple explosion of temper would reintroduce the concept of contributory negligence and employees fault when those concepts have no place in workers' compensation setting.". Elliott also noted that Lause had not been truthful about how he injured his hand. (Sioux City Journal, IO)

    Hard lesson for learners' parents  Jul 7, 2008
    1 million in damages that the Supreme Court had awarded, Mr Imbree was found on appeal to have carried greater contributory negligence for the accident and his payout was slashed to $3. 7 million. (Sydney Morning Herald)

    Caretaker wins ladder fall case  Jun 28, 2008
    The damages award will be reduced by 25% to reflect Mr Gower-Smith's contributory negligence. After the verdict Hampshire County Council said it was sorry but "surprised and disappointed" with the decision. (BBC News -- UK)

    Breaking NewsLadder Fall Man Wins Case  Jun 27, 2008
    The damages award will be reduced by 25% to reflect Mr Gower-Smith's contributory negligence. More follows. (Sky News)

    Defendants ask for malpractice dismissal  May 2, 2008
    Rusboldt adds that the plaintiffs' claims may be dismissed or reduced due to "contributory negligence" by Tracey Meskers. The Chetek Alert 2008. (Chetek Alert, WI)

    $500,000 lawsuit over hair weave unravels  Apr 10, 2008
    A legal doctrine known as contributory negligence sufficed Wednesday to unravel a half-million-dollar hair-weave case in Durham County Superior Court. . (Herald Sun)

    After the inquestThe jury says unlawful killing - so will prosecutions follow?  Apr 8, 2008
    Previously the French had refused to prosecute any other photographers for manslaughter, or contributory negligence - although three of them were tried and convicted of breaching privacy laws. He could argue that with the unlawful killing verdicts, the French should examine any new lines of inquiry thrown up by the inquest. (BBC News -- UK)

    Jail time ordered in boat crash case  Mar 7, 2008
    The victims of the accident have a right to be upset, but as I said before, this case calls for a civil court to weigh the competing degrees of contributory negligence in arriving at just compensation. I ask that any restitution be reasonable for Mr. Brost to repay in the time of probation. (Chippewa Falls Chippewa Herald, WI)

    CWU VP out after scandal  Feb 21, 2008
    In my opinion, President McIntyre should have said " You know, we didn't handle this situation well. We could have done better, we dropped the ball, and let our alumni, students, community, faculty and staff down. We broke a trust, and I, as President and keeper of that trust and ultimate decision maker for this institution, and I take responsibility for the poor way this situation was handled. But instead of saying the above, we get.. I hold all university leadership to the highest ethical... (Ellensburg Daily Record, WA)

    Bhave opts out of all NSDL probes  Feb 16, 2008
    In April 2006, SEBI had accused NSDL of "contributory negligence towards opening of fictitious demat accounts and lack of oversight over its depository participants". Get personalised news stories on mobile. (India Times, India -- Intl Business)

    Ex-crystal meth addict successfully sues dealer  Jan 10, 2008
    We call this contributory negligence or multiple defendants - shared responsibility. I always say if someone punches you - sue them. (CTV.ca)

    Council to pay $8 million for cliff dive if liable  Oct 23, 2007
    Mr Baran said that'd be subject to any discount the judge might make for contributory negligence. Mr Vujanic who requires an electric wheelchair was in court today. (LIVENEWS.com.au)

    Tapes: Police knew about other victims  Oct 2, 2007
    Was this a case of contributory negligence. " who's at fault? wrote on Sep 27, 2007 9:01 PM:" my sympathies go out to families. (Munster Times, IN)

    Osborne 'to cut inheritance tax'  Oct 1, 2007
    "And if the young person is under the influence of drink or drugs there should be a presumption of contributory negligence. "These proposals are about giving our children back their childhood. " 'Pioneer schools' Shadow education secretary Michael Gove will confirm plans for new "pioneer schools", promising to "tear down the bureaucratic barriers which prevent new schools being built". Mr Gove will say: "We know that no-one cares more about a child's education than parents. (BBC News -- UK)

    Companies seek removal from Quecreek lawsuit  Sep 27, 2007
    The second issue deals with contributory negligence and the assumption of risk. The defendants claim the miners took on the assumption of risk by continuing to work in a mine shaft that, by their own admission, was growing increasingly wet on the day of the breach. (Somerset Daily American, PA)

    Town of Magnolia Asks Siting Board to Reconsider Decision  Sep 21, 2007
    Ryberg also argued that the verdict form (the questions the jury got to answer) didn't allow the jury to consider the farmer's "contributory negligence." The attorney described the "contributory negligence" on the part of the Gumzes as how they raised and fed their cattle. Yet both the trial court and the court of appeals had found in favor of the Gumzes and that the form of the verdict was fine. (Agri-View, WI)

    Mayor: 'Looks like somebody messed up'  Sep 19, 2007
    Nice Going "Ace" wrote on Sep 18, 2007 12:42 PM:" You just admitted liability, they will have your statement to the times reproduced, blown up and displayed in the courtroom for the jury to see during the entire trial. You've got a lot going for you, e.g. contributory negligence, tort claims immunity, and a damages cap. Why did you want to go and admit liability? ". I know your pain wrote on Sep 18, 2007 12:36 PM:" I want to start off by saying that my prayers goes out to all families... (Northwest Indiana Times)

    House party leaves 15000 damages bill  Jul 11, 2007
    " I suppose the reporter ran out of things to write about. Or was the car originally black and it was sprayed silver during the party?? One-man-bucket's older twin / 1:34am 11 Jul 2007 Hope the insurance companies don't put up our premiums by paying out to these numpties. Nobody in their right mind would leave feral teenagers in charge of their house, related to them or not. I seem to remember contributory negligence being raised in more serious cases. Gnasher / 1:43am 11 Jul 2007 This will be... (Scotsman)

    Dial C for compo - careless phone user's damages cut  Jun 1, 2007
    Justice Beazley said Mrs Skulander's level of contributory negligence was 20 per cent, while Justice Basten said it was 50 per cent.. The court ordered a new trial in the District Court to assess damages - which will then be reduced by 50 per cent.. (Sydney Morning Herald -- Technology)

    News in brief  May 26, 2007
    Damages of 2,905,500 were agreed, but the judge has to resolve contributory negligence and future care. Lawyers put the likely figure at 8. (Guardian Unlimited -- UK)

    Man Hit by Golf Ball Loses Suit  May 13, 2007
    " Cottam's lawyers took weeks to make their case, but defense attorneys took only days. The jurors took minutes to make up their mind. "This may be the longest trial of this kind since the eight Lords Proprietors walked into the Carolinas," Superior Court Judge V. Bradford Long said at one point in the trial. The case took four weeks to try, a record for civil cases in the courts of Moore County if not the state. It started Monday, April 16, and did not end until after 5 p.m. Friday. Experts on... (The Pilot Newspaper)

    WEB: Jurors Reject Damages in Golf Ball Case  May 12, 2007
    They also found contributory negligence on Cottam's part ... They wanted to know whether, if they answered "yes" to Cottam being guilty of contributory negligence, that would end their deliberation. (The Pilot Newspaper)

    No more damages for schoolboy injury  May 8, 2007
    Mr Sheldrick appealed against the finding, saying if there was any contributory negligence on his part, it should be assessed at less than 25 per cent.. send photos, videos ffs to 0424 SMS SMH (+61 424 767 764), or us. (Sydney Morning Herald -- Australia)

    Injured cyclist keeps $360,000 damages  May 7, 2007
    The boy, who was described as a bright 14 year old at the time of the accident, appealed against the District Court finding, saying if there was any contributory negligence on his part, it should be assessed at less than 25 per cent.. The Court of Appeal found it was open to the District Court judge to conclude that Mr Sheldrick's contributory negligence was "substantial" and to determine that his damages should be reduced by 40 per cent.. (Sydney Morning Herald -- Australia)

    Amputee wins damages after train fall  Apr 30, 2007
    Supreme Court Justice Virginia Bell found in favour of Ms Russell but reduced her damages by 50 per cent today because of contributory negligence. The exact amount of damages will be determined tomorrow. (Sydney Morning Herald)

    Doc, hospital fined Rs 2 L for post-op delay  Mar 14, 2007
    "Considering the overall view, particularly the fact that to some extent it is contributory negligence on the part of the patient... we assess the compensation at Rs 2 lakh," said Justice Shah and Rao. Reacting to the verdict, city doctors said though it is difficult to define negligence, post-operative care is anyway integral to the surgeons responsibility. (India Times, India -- Community News)

    Pickups may require seat belts  Mar 2, 2007
    If you are injured or killed in an accident and you re not wearing a seatbelt, it s contributory negligence and the insurance company doesn t pay. How s that for economic incentive. (Atlanta Journal-Constitution)

    Deputy in wreck speeding, won't be charged  Feb 28, 2007
    wrote on February 22, 2007 6:22 AM:"One third of the people posting claim to be authorities (lawyers, cops, ex cops and ISU seniors - WOW on that last one....) None of the comments posted by them are authoritative in the least. The other third are lay people posting their own opinions with nothing to back them up, but that's what this forum is for - to vent. The remaining third are inserting their own "facts" and suppositions (no hostages are taken in bank robberies here etc... No one, including... (The Pantagraph newspaper)

    LETTERS: Vegas not yet ready for top-level sports teamsFROM OUR READERS  Jan 13, 2007
    This is because I am a devout coward, and have a strong aversion to being injured or killed -- or sued by my passengers for contributory negligence. No other reasons. (Las Vegas Review-Journal -- Opinion)

    High Court Rules on Railroad Negligence  Jan 12, 2007
    In a 9-0 decision, the court agreed with the railroad that the same legal standard applies to railroad negligence as to contributory negligence by employees under the Federal Employers' Liability Act. During a civil trial in Missouri, lawyers for the railroad objected to the jury instruction for employee contributory negligence, saying it provided a "different" and "much more exacting" standard for causation than the jury instruction for the railroad's negligence. (Atlanta Journal-Constitution -- World)



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