151 N.J. Super. 312 - Bortz v. Rammel’s Empirical Analysis
1977
Citation profile
6 federal appellate · 8 district · 30 state decisions
How this case has been cited
Cited by 45 later decisions — most recently September 2007 · most notably Becker v. Interstate Properties (1977), 173 N.J. Super. 162 - Lally v. Copygraphics (1980)
6 federal appellate · 8 district · 30 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 Judson v. Peoples Bank & Trust Co. of Westfield · Braitman v. Overlook Terrace Corp. · 66 N.J. Super. 64 - Wolczak v. National Electric Products Corp. · Ellis v. Caprice · 96 N.J. Super. 539 - Ellis v. Caprice
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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“When a legislative provision proscribes or requires certain conduct for the benefit of a class of persons but does not provide a civil remedy for the violation, the court may, if it determines that the remedy is appropriate in furtherance of the purpose of the legislation and needed to assure the effectiveness of the provision, accord to an injured member of the class a right of action, using a suitable existing tort action or a new cause of action analogous to an existing tort action.”
6 later decisions quote this exact passage · from the majority“It was obviously the legislative intention to ensure the protection of all of the workers on a construction project, irrespective of the identity and status of their various and several employers, by requiring, either by agreement or by operation of law, the designation of a single repository of the responsibility for the safety of them all. The assurance of prospective and continuing compliance by that repository with his responsibility demands, in our view, a right of tort action in those who are injured when there is a failure of compliance.”
2 later decisions quote this exact passage · from the majority“[t]he primary test for determining whether the courts should provide a tort remedy for violation of the legislative provision is whether this remedy is consistent with the legislative provision, appropriate for promoting its policy and needed to assure its effectiveness. [4 Restatement, Torts 2d at 308]”
2 later decisions quote this exact passage · from the majority
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.