Murk v. Scheele’s Empirical Analysis

Citation profile

14 state decisions

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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he Act’s definition of ‘employee’ does not require that a governmental unit control every detail of a person’s work. The operator of a motor vehicle, for example, must exercise independent judgment, but this does not mean that he or she cannot be considered an employee under the Act. If it did, a governmental unit could never ‘be liable for ... injury ... proximately caused by ... the negligence of an employee ... arisfing] from the operation or use of a motor-driven vehicle’ even though section 101.021(1) of the Act provides for such liability.’”

   5 later decisions quote this exact passage · from the majority
   e.g. Harris County Appraisal District v. Texas Workforce Commission · Fryday v. Michaelski

2. “[A] person, including an officer or agent, who is in the paid service of a governmental unit by competent authority, but does not include an independent contractor, an agent or employee of an independent contractor, or a person who performs tasks the details of which the governmental unit does not have the legal right to control.”

   2 later decisions quote this exact passage · from the majority
   e.g. Olivares v. Brown & Gay Engineering, Inc. · Lenoir v. Marino

3. “University Hospital [is] a public teaching hospital for indigent patients that is owned and operated by the Bexar County Health District and staffed with medical faculty, residents, and students of the University of Texas Health Science Center. ...”). . Tex. Civ. Prac. & Rem.Code § 101.106(f). . Id. § 101.021 (”

   1 later decision quote this exact passage · from the majority
   e.g. Franka v. Velasquez