Graci v. Damon
Cases that cite this one
25 later published cases cite this decision.
- Shantigar Foundation v. Bear Mountain Builders (Mass. 2004)
- Odenwalt v. Zaring (Idaho 1980)
- Jensen v. Intermountain Health Care, Inc. (Utah 1984)
- Riley v. DAVISON CONSTRUCTION CO., INC. (Mass. 1980)
- Minott v. FW Cunningham & Sons (Me. 1980)
- Abramian v. President & Fellows of Harvard College (Mass. 2000)
- Steele v. Kelley (Mass. App. Ct. 1999)
- Schwartz v. Schultz (Mass. App. Ct. 1988)
- United States v. Theriaque (District Court, D. Massachusetts 1987)
- Zeller v. Cantu (Mass. 1985)
- Mountain Mobile Mix, Inc. v. Gifford (Colo. 1983)
- Correia v. Firestone Tire & Rubber Co. (Mass. 1983)
- Vanalstyne v. Whalen (Mass. App. Ct. 1983)
- Hurley v. Public Service Co. (N.H. 1983)
- Wong v. Hawaiian Scenic Tours, Ltd. (Haw. 1982)
- Sitzes v. Anchor Motor Freight, Inc. (W. Va. 1982)
- BD. OF CTY. COM'RS OF CTY., ETC. v. Ridenour (Wyo. 1981)
- Board of County Commissioners v. Ridenour (Wyo. 1981)
- Garbincius v. Boston Edison Company (1st Cir. 1980)
- Van Horn v. William Blanchard Co. (N.J. Super. Ct. App. Div. 1980)
- Commonwealth v. Carter (Mass. App. Ct. 1980)
- MacLachlan v. Brotherhood Oil Corp. (Mass. App. Ct. 1980)
- Garbincius v. Boston Edison Co. (1st Cir. 1980)
- Commonwealth v. Donahue (Mass. App. Ct. 1979)
- Saunders v. Goodman (Mass. App. Ct. 1979)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
We granted further appellate review on the application of the defendant Damon. The issue raised by Damon is whether "the negligence of the plaintiff should be compared with that of each individual defendant rather than making a comparison between the negligence of the plaintiff and the negligence of all defendants combined” in applying the comparative negligence statute as it appeared in G. L. c. 231, § 85, as appearing in St. 1969, c. 761. The Appeals Court concluded that the negligence of a plaintiff is to be compared with the total negligence of all the defendants. We agree with the reasoning and the result reached by the Appeals Court. See Graci v. Damon, 6 Mass. App. Ct. 160, 167-171 (1978).
Judgments of the Superior Court Department affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.