Dalmer v. State’s Empirical Analysis

Citation profile

2 district · 20 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “When a legislative provision protects a class of persons by proscribing or requiring certain conduct 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.”

   2 later decisions quote this exact passage · from the dissent
   e.g. Darryl R. Montague v. Hundred Acre Homestead, LLC · Willis S. Sheldon, Individually and as Administrator of the Estate of Dezirae Sheldon v. Nicholas Ruggiero

2. “which defines the elements of a safety statute or regulation”

   2 later decisions quote this exact passage
   e.g. Willis S. Sheldon, Individually and as Administrator of the Estate of Dezirae Sheldon v. Nicholas Ruggiero · Tracy Stopford, Individually, and as Administrator of the Estate of Jordan Preavy and Sean Preavy v. Milton Town School District and Milton Town School Board

3. “[p]roof of violation of a safety statute or regulation creates a prima facie case of negligence,”

   1 later decision quote this exact passage
   e.g. Matthew Ziniti v. New England Central Railroad, Inc.