Cutsinger v. Redfern’s Empirical Analysis
2009
Citation profile
48 state decisions
Relationships
Applies 45 U.S.C. § 51 (Federal Employers' Liability Act)
Relies on Smith v. OUR LADY OF LAKE HOSP. · 950 So. 2d 544 - Duncan v. USAA Ins. Co. · 418 So. 2d 575 - Hoefly v. Government Employees Ins. Co. · 848 So. 2d 577 - Cadwallader v. Allstate Ins. Co. · 513 So. 2d 1126 - Roger v. Estate of Moulton
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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A] summary judgment shall be granted if the motion, memorandum, and supporting documents show that there is no genuine issue as to material fact and that the mover is entitled to judgment as a matter of law.”
3 later decisions quote this exact passage“A. Coverage 1. We will pay all sums the "Insured" is legally entitled to recover as compensatory damages from the owner or driver of an "uninsured motor vehicle". The damages must result from "bodily injury" sustained by the "Insured" caused by an "accident". The owner's or driver's liability for these damages must result from the ownership, maintenance or use of the "uninsured motor vehicle". * * * B. Who Is An Insured If the Named Insured is designated in the Declarations as: 1. An individual, then the following are "Insureds": a. The Named and any "family members". b. Anyone else "occupying" with the Named Insured's express or implied permission a covered "auto" or a temporary substitute for a covered "auto". The covered "auto" must be out of service because of its breakdown, repair, servicing, "loss" or destruction. c. Anyone for damages he or she is entitled to recover because of "bodily injury" sustained by another "insured". d. Anyone else "occupying" an "auto" the Named Insured does not own who is an "Insured" for Covered Autos Liability under the Coverage Form, but only at times when that person is an "insured" for Covered Autos Liability under the Coverage Form. 2. A partnership, limited liability company, corporation or any other form of organization, then the following are "Insureds": a. Anyone "occupying" with the Named Insured's express or implied permission a covered "auto" or a temporary or substitute for a covered "auto". The covered "auto" must be out of ser”
2 later decisions quote this exact passage“[W]e cannot say that [the plaintiff] paid for uninsured motorist coverage to compensate her for benefits such as lost wages and medical payments previously paid by her employer’s workers’ compensation insurer or that applying the collateral source rule and disallowing the credit would not result in a windfall or double recovery. That is because the uninsured motorist policy she purchased contained language specifying that any amount payable under uninsured motorist coverage shall be reduced by any amount paid under workers’ compensation benefits. Consequently, when she paid the premium for the uninsured motorist coverage, she did not pay for it to cover benefits paid by the workers’ compensation insurer.”
2 later decisions quote this exact passage
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.