Mills v. Butler

How courts have described this case

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

• explaining that the Supreme Court “has unfailingly described assumption of the risk as an affirmative defense”
• explaining that a defendant ordinarily pleads affirmative defenses in a new matter
• noting the similarity between misuse and highly reckless conduct, as “[b]oth . . . involve a plaintiff’s unforeseeable, outrageous, and extraordinary use of a product”
• describing an affirmative defense as “a defendant’s assertion of facts and arguments that, if true, will defeat the plaintiff’s ... claim, even if all the allegations in the complaint are true”
• supplier asserting that injured plaintiff’s “highly reckless conduct” is sole and superseding cause of injury must plead and prove claim as affirmative defense
• party asserting affirmative defense bears burden of proof on that defense at trial

Source: CourtListener parenthetical corpus (CC0).