180 Ga. App. 627 - Hester v. Baker’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The common law doctrine of `contributory negligence' which bars recovery by a plaintiff is not followed in Georgia. [Cit.] The prevailing doctrine in this state is the comparative negligence rule, which holds `where there is negligence by both parties which is concurrent and contributes to the injury sued for, a recovery by the plaintiff is not barred, but his damages shall be diminished by an amount proportioned to the amount of fault attributable to him, provided that his fault is less than the defendant's and that by the exercise of ordinary care he could have avoided the consequences of the defendant's negligence after it became apparent or in the exercise of ordinary care should have been discovered by the plaintiff.' [Cit.]”

   1 later decision quote this exact passage
   e.g. 185 Ga. App. 194 - Cannon v. Lardner

2. “In resolving this question, we must start with the accepted standard of law that issues of negligence and diligence, including related issues of lack of ordinary care for one's safety or lack of ordinary care in failing to foresee or observe the negligence of another, are ordinarily not susceptible of summary adjudication (cit.) and unless only one conclusion is permissible (cits.), the issue should be resolved by the jury”

   1 later decision quote this exact passage
   e.g. 183 Ga. App. 611 - Southern Bell Telephone & Telegraph Co. v. Altman