Franicevich v. Lirette’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Since the decision of the Supreme Court in Rottman v. Beverly, 183 La. 947 , 165 So. 153 , the courts of this State have uniformly applied what is referred to as the doctrine of discovered peril under which it has been held that there is liability in an automobile operator who, had he been on the alert, could have avoided striking a person who is in a position of peril of which that person is unaware or from which that person is unable to extricate himself. And that doctrine has been extended by the decision in Jackson v. Cook, 189 La. 860 , 181 So. 195 , to include the situation in which the defendant does not actually discover the peril but should have done so, provided, of course, that at the time at which the peril should have been discovered there was an opportunity for the defendant to avoid the accident.””

   1 later decision quote this exact passage
   e.g. McCartney v. Allstate Insurance Co.

2. “the time of transference from instinctive realization to action when a person, without any hint that an emergency is about to confront him, is suddenly required to take action to avert the catastrophe which the emergency seems to present”

   1 later decision quote this exact passage
   e.g. 550 So. 2d 352 - Valin v. Barnes