Bradley v. Appalachian Power Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “[a] party is not barred from recovering damages in a tort action so long as his negligence or fault does not equal or exceed the combined negligence or fault of the other parties involved in the accident.”
• noting that the judiciary is capable of developing and adjusting the common law to grow with and adapt to changes in society
• stating that “Haynes is designed to moderate the inequity which existed in our law that enabled the plaintiff to cast the entire responsibility for an accident on one of several joint tortfeasors by deciding to sue only him”
• discussing need to apply law prospectively where substantial public issues arising from statutory or constitutional interpretations are involved that represent a clear departure from prior precedent
• discussing need to apply law prospectively where substantial public issues arising from statutory or constitutional interpretations are involved that represent a clear departure from prior precedent
• noting an unwillingness “to abandon the concept that where a party substantially contributes to his own damages, he should not be permitted to recover for any part of them”

Source: CourtListener parenthetical corpus (CC0).