Jennifer v. State’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Certainly, he would not have suffered the injury he did “but for the fact that the conditions and obligations of the employment placed [him] in the position where he was injured.” ... At the time the assault took place, Jennifer was required by his employer, the Central Laundry Facility, to be in the kitchen. His presence there provided Taylor, who had also been assigned to work in the kitchen that day, with the opportunity to assault him as well as the instrument with which to carry out that attack. Thus, Jennifer’s injury was incidental to his work. Because a “reasonably incidental” relationship between the injury and the claimant’s work is sufficient, in itself, to establish that an injury arose out of employment, we conclude that Jennifer’s injury satisfied that requirement. Although Jennifer appears to concede this very point, he claims that the assault was motivated by Taylor’s animosity toward him and that it therefore “could have occurred anywhere.” Relying on Gray v. Dept. of Correction, 230 Md. 508 , 187 A.2d 860 (1963), Jennifer argues that his injury did not arise out of his employment. In Gray , a prisoner was injured under what Jennifer claims were analogous circumstances: that is, as a result of being assaulted while working in the laundry at a Maryland penitentiary. Because the Gray Court found that the prisoner’s injuries did not “arise out of” his work, we must, Jennifer claims, reach the same result here. But, apart from the fact that in both Gray and the i”

   1 later decision quote this exact passage
   e.g. Doe v. Buccini Pollin Group, Inc.