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← 112 NM 38 - Constantineau v. First National Bank

Constantineau v. First National Bank’s Empirical Analysis

1991

Citation profile

4
cited by 4 later decisions
2
states following
June 1997
most recently cited

4 state decisions

Relationships

Relies on Livingstone v. Abraham & Straus, Inc. · Dupper v. Liberty Mutual Insurance · Lovato v. Maxim's Beauty Salon, Inc. · 216 N.J. Super. 685 - Livingstone v. Abraham & Straus, Inc. · 23 Ohio App. 3d 46 - Sloss v. Case Western Reserve University

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “In this case, claimant parked her vehicle in a parking lot in the Civic Center parking facility. The parking facility was owned by the City of Albuquerque. Claimant’s employer had an option to designate up to one hundred parking spaces of the total of three hundred for its use. Employer had exercised its option to use only sixty-three of those spaces and the remaining thirty-seven were therefore returned to the First Plaza’s owners’ management company for distribution to others. The sublease for the parking space was between claimant and the building manager. The Civic Center parking lot was the choice of claimant and not assigned to her by employer. Employer did not require its employees to use the Civic Center parking lot and some employees in fact did use other parking facilities.... [[Image here]] ... [W]e hold, therefore, that mere employee “use” of a parking lot is insufficient to consider the lot part of the employer’s “premises.” In this ease, the parking lot was not owned by employer, exclusively used by claimant, or assigned by employer to claimant.”
    1 later decision quote this exact passage · from the majority
  2. “unless the context otherwise requires, “injury by accident arising out of and in the course of employment” shall include accidental injuries to workers and death resulting from accidental injury as a result of their employment and while at work in any place where their employer’s business requires their presence but shall not include injuries to any worker occurring while on his way to assume the duties of his employment or after leaving such duties, the proximate cause of which is not the employer’s negligence.”
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.