Hale v. Ostrow’s Empirical Analysis
2005
Citation profile
35
cited by 35 later decisions
2
states following
October 2018
most recently cited
5 federal appellate · 21 state decisions
Relationships
Relies on 30 Cal. 3d 358 - Sprecher v. Adamson Companies · McClenahan v. Cooley · Leppek v. State · Kilpatrick v. Bryant · Doe v. Linder Const. Co., Inc.
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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) the tortfeasor’s conduct must have been a “substantial factor” in bringing about the harm being complained of; and (2) there is no rule or policy that should relieve the wrongdoer from liability because of the manner in which the negligence has resulted in the harm; and (3) the harm giving rise to the action could have reasonably been foreseen or anticipated by a person of ordinary intelligence and prudence.”
3 later decisions quote this exact passage · from the majority““Causation (or cause in fact) is a very different concept from that of proximate cause. Causation refers to the cause and effect relationship between the tor-tious conduct and the injury. The doctrine of proximate cause encompasses the whole panoply of rules that may deny liability for otherwise actionable causes of harm.” Thus, proximate cause, or legal cause, concerns a determination of whether legal liability should be imposed where cause in fact has been established. “Cause in fact, on the other hand, deals with the ‘but for’ consequences of an act. ‘The defendant’s conduct is a cause of the event if the event would not have occurred but for that conduct.’ ””
2 later decisions quote this exact passage · from the majority“in order to establish 'but for' causation, '[i]t is not necessary that the defendants' act be the sole cause of the plaintiff's injury, only that it be a cause.’”
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.