Stinson v. Berry’s Empirical Analysis
1997
Citation profile
10 district · 34 state decisions
How this case has been cited
Cited by 46 later decisions — most recently January 2014 · most notably State v. Gutierrez (2011), State v. Herrera (2001)
10 district · 34 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 1 Cal. 3d 586 - United States Liability Insurance v. Haidinger-Hayes, Inc. · 42 Cal. 3d 490 - Frances T. v. Village Green Owners Assn. · Lee v. Lee · Matter of Adoption of Doe · Addington v. Farmer's Elevator Mutual Insurance
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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is a basic tenet of corporate law that a corporation is a legal entity, separate from its shareholders, directors, and officers. Eastern Navajo Indus., Inc. v. Bureau of Revenue, 89 N.M. 369, 373 , 552 P.2d 805, 809 (Ct.App.1976). Thus, the shareholders, directors and officers are not personally hable for the acts and obligations of the corporation. Corporate directors cannot be held vicariously liable for the corporation’s torts merely by virtue of the office they hold. Taylor v. Alston, 79 N.M. 643, 644 , 447 P.2d 523, 524 (Ct.App.1968). However, if an officer or director directs or actively participates in the commission of the tortious act of the corporation, he will be hable, along with the corporation. Id. Thus, if the officer or director directed, controlled, approved or ratified the activity that led to the injury, he or she can be held personally liable. See Lobato v. Pay Less Drug Stores, Inc., 261 F.2d 406, 408-09 (10th Cir.1958) (stating the general rule on corporate director liability in a New Mexico case).”
2 later decisions quote this exact passage“Thus, for example, if John had been driving a corporate vehicle on corporate business and been involved in an accident in which Decedent was injured, he would be liable for his own negligence in driving simply because he had a duty to drive with reasonable care. The duty of the driver arises irrespective of the driver’s employment by the corporation. Everyone driving a vehicle on the highway owes to other drivers, passengers, and pedestrians a duty to exercise due care. John, as an individual, may have owed Decedent such a duty under the circumstances of this case.”
1 later decision 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.