150 F. Supp. 2d 995 - Freeman v. Busch’s Empirical Analysis

Citation profile

2 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. “A finding of negligence requires a legal duty owed to the plaintiff, a breach of that duty, proximate cause, and damages. Hartig v. Francois, 562 N.W.2d 427, 429 (Iowa 1997) (citations omitted). The threshold element, the existence of a duty of care, is a question of law properly resolved on summary judgment. Garofalo v. Lambda Chi Alpha Fraternity, 616 N.W.2d 647, 650 (Iowa 2000) (citations omitted). In general, the law imposes no affirmative duty upon individuals to act for the protection of others. Id. at 652 (citing Restatement (Second) of Torts § 314, at 116 (1965)). In cases where the plaintiff alleges that her injury resulted from a failure to act, the law requires the existence of a “special relationship” between the injured party and the alleged negligent party before a legal duty will be found to exist. Dettmann v. Kruckenberg, 613 N.W.2d 238, 251 (Iowa 2000) (citations omitted). Commonly-recognized “special relationships” include common carrier/passenger, innkeeper/guest, landlord/invitee, and peace officer/arrestee. Garofalo, 616 N.W.2d at 652 (citing Restatement (Second) of Torts § 314A, at 118 (1965)).”

   1 later decision quote this exact passage
   e.g. 199 F. Supp. 2d 907 - Freeman v. Busch