165 Pa. Commw. 249 - Saylor v. Green’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In considering a motion for summary judgment, the record must be examined in the light most favorable to the non-moving party because the burden of proving the nonexistence of a material fact is on the moving party. Penn Center House, Inc. v. Hoffman, 520 Pa. 171 , 553 A.2d 900 (1989). Nevertheless, “an adverse party may not rest upon the mere allegations or denials of his pleading, but his response ... must set forth specific facts showing that there is a genuine issue for trial.” Babcock v. Department of Transportation, 156 Pa.Commonwealth Ct. 69, 75, 626 A.2d 672, 675 (1993). In his complaint, Saylor alleges that he was operating his motorcycle when he “suddenly and without warning struck an illegally placed fence post....” At his deposition, Saylor testified that he did not know why he lost control of the motorcycle. Consequently, the trial court found that there was insufficient evidence to justify an inference of causation. Such a finding is consistent with Babcock , where a plaintiff lost control of her car for unknown reasons and the car skidded along a ditch and up an embankment where it collided with a log. This court affirmed summary judgment against plaintiff and reasoned that the accident was caused by the car leaving the roadway, not by a log lying on the ground. It follows that in the instant case, if Saylor had not left the road, his motorcycle would not have hit the pole.”

   2 later decisions quote this exact passage
   e.g. Martinowski v. Commonwealth, Department of Transportation · Fritz v. Glen Mills School