Legal Opinion

Jackson v. Barton Malow Co.

Michigan Court of Appeals

Decided February 6, 1984No. Docket 66012PublishedCited by 10 opinions

1Opinion of the CourtT. M. Burns, P.J.

On July 16, 1982, the trial court entered a judgment for plaintiff of $0 against defendant. Plaintiff appeals as of right.

This case deals with one of the difficult unanswered questions left by Placek v Sterling Heights, 405 Mich 638; 275 NW2d 511 (1979), which adopted comparative negligence for this state. How does the trial court apportion damages after the verdict when one of the tortfeasors settled before trial? In the present case, plaintiff was injured on a construction site when he was struck in the face by a shovel. Eventually, he sued both defendant and the Barthel Contracting…

2Cases cited9 opinions

  1. Placek v. City of Sterling HeightsMichigan Supreme Court · 1979
  2. Aceves v. Regal Pale Brewing Co.California Supreme Court · 1979
  3. Mayhew v. Berrien County Road CommissionMichigan Supreme Court · 1982
  4. Rittenhouse v. ErhartMichigan Court of Appeals · 1983
  5. Pratt v. CastleMichigan Supreme Court · 1892

4 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Whalen v. Kawasaki Motors Corp.New York Court of Appeals · 1998
  2. Rittenhouse v. ErhartMichigan Supreme Court · 1986
  3. Hess Oil Virgin Islands Corp. v. UOP, Inc.Court of Appeals for the Tenth Circuit · 1988
  4. TBG INC. v. BendisDistrict Court, D. Kansas · 1992
  5. Hess Oil Virgin Islands Corp. v. Uop, Inc.Court of Appeals for the Tenth Circuit · 1988

5 more not listed; retrieve them via the Exa API.

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