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← 137 SO3D 69 - Gardner v. Craft

Gardner v. Craft’s Empirical Analysis

2014

Citation profile

5
cited by 5 later decisions
1
states following
December 2018
most recently cited

4 state decisions

Relationships

Relies on 755 So. 2d 226 - Independent Fire Ins. Co. v. Sunbeam Corp. · 731 So. 2d 208 - Reeves v. Structural Preservation Systems · 965 So. 2d 1006 - Clinton v. Reigel By-Products, Inc. · 936 So. 2d 1246 - Simoneaux v. Excel Group, LLC · Young v. Marsh

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

  1. “The phrase “substantially certain to follow” requires more than a reasonable probability that an injury will occur. .. .This term has been interpreted as being equivalent to “inevitable,” “virtually sure,” and “incapable of failing.” ... Believing that someone may, or even probably will eventually get hurt if a workplace practice is continued does not rise to the level of an intentional act, but instead falls within the range of negligent acts that are covered by workers’ compensation.... Neither knowledge and appreciation of a risk nor reckless or wanton conduct by an employer constitutes an intentional wrongdoing.... Further, even if the alleged conduct goes beyond aggravated negligence, and includes such elements as knowingly permitting a hazardous work condition to exist, knowingly ordering a claimant to perform an extremely dangerous job, or willfully failing to furnish a safe place to work, this still falls short of the actual intention to injure that robs the injury of accidental character.”
    1 later decision quote this exact passage
  2. “is designed to secure the just, speedy, and inexpensive determination of every action ... and shall be construed to accomplish these ends.”
    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.