Lorrain v. Ryan’s Empirical Analysis

Citation profile

4 district · 47 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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “§ 622. Right to compensation exclusive The rights and remedies granted by the provisions of this chapter to an employee on account of a personal injury for which he is entitled to compensation under the provisions of this chapter shall exclude all other rights and remedies of such employee, his personal representatives, dependents or next of kin, at common law or otherwise on account of such injury. § 624. Dual liability; claims, settlement procedure (a) Where the injury for which compensation is payable under the provisions of this chapter was caused under circumstances creating a legal liability to pay the resulting damages in some person other than the employer, the acceptance of compensation benefits or the commencement of proceedings to enforce compensation payments shall not act as an election of remedies, but the injured employee or the employee’s personal representative may also proceed to enforce the liability of such third party for damages in accordance with the provisions of this section. . . .”

   2 later decisions quote this exact passage
   e.g. Chayer v. Ethan Allen, Inc. · Garrity v. Manning

2. “Defendants’ expert testified that the accident resulted in only a temporary increase in plaintiff’s symptoms, and that plaintiff’s continuing physical problems were due solely to the degenerative [arthritis] condition, which he described as permanent and likely to worsen over time.... The jury award covered all of the medical expenses incurred during the July 1985 to August 1986 period, and none thereafter. Thus, the jury apparently concluded that 100 percent of plaintiff’s damages incurred in the thirteen-month period were attributable to the accident and all damages incurred after August 1986 were attributable to the preexisting condition or later accidents. Plaintiff was awarded damages for medical expenses, pain and suffering, mental anguish, loss of enjoyment of daily activities, and lost earnings to August 1986. The jury awarded plaintiff no damages whatsoever for future lost earning capacity, future pain and suffering, or future general disability. It is clear that the jury concluded that the disability plaintiff suffered as a result of defendants’ negligence was merely temporary, and did not create or substantially contribute to the continuing medical problems plaintiff experienced.”

   1 later decision quote this exact passage
   e.g. Lorrain v. Lorrain Carpets

3. “Where the injury for which compensation is payable under the provisions of this chapter was caused under circumstances creating a legal liability to pay the resulting damages in some person other than the employer, the acceptance of compensation benefits or the commencement of proceedings to enforce compensation benefits shall not act as an election of remedies, but the injured employee . . . may also proceed to enforce the liability of such third party for damages in accordance with the provisions of this section.”

   1 later decision quote this exact passage
   e.g. Gerrish v. Savard