Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Beyond Bradley: A Critique Of Comparative Contribution In West Virginia And Proposals For Legislative Reform, James B. Stoneking
Beyond Bradley: A Critique Of Comparative Contribution In West Virginia And Proposals For Legislative Reform, James B. Stoneking
West Virginia Law Review
No abstract provided.
Product Liability In The Sixth Circuit: 1984-1985, Stephen J. Werber
Product Liability In The Sixth Circuit: 1984-1985, Stephen J. Werber
Law Faculty Articles and Essays
The Sixth Circuit, as other federal courts, is deciding a growing number of product liability cases. The court has been required to carefully explore state substantive law in such complex areas as comparative fault and foreseeability. Several of the recent cases have required application of difficult facts to recognized legal principles. In the following article Professor Werber analyzes key decisions against applicable state law and suggests areas in which the court has applied that law in manners both consistent with, and contrary to, state law. Professor Werber is critical of the court's Erie determination that the Ohio Supreme Court would …
Apportionment In Kentucky After Comparative Negligence, John M. Rogers
Apportionment In Kentucky After Comparative Negligence, John M. Rogers
Law Faculty Scholarly Articles
Adoption of comparative negligence gives juries the task of allocating fault between a plaintiff and a defendant when both were negligent and both caused the plaintiff's injury. A logical corollary must be that juries are theoretically and practically able to make such an allocation. If so, it follows that juries are able to make such an allocation among multiple defendants, each of whom was found to be both negligent and a cause of the plaintiff's injury. The judicial adoption of comparative negligence in Kentucky therefore requires a reexamination of the rules applicable to multiple tortfeasors. Cases decided since the adoption …
Apportionment In Kentucky After Comparative Negligence, John M. Rogers
Apportionment In Kentucky After Comparative Negligence, John M. Rogers
Kentucky Law Journal
No abstract provided.