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← 181 SO2D 704 - Foulk v. Perkins

Foulk v. Perkins’s Empirical Analysis

1966

Citation profile

9
cited by 9 later decisions
1
states following
April 1998
most recently cited

9 state decisions

How this case has been cited

Cited by 9 later decisions — most recently April 1998

9 state decisions

501966197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on 72 So. 2d 285 - Jones v. Florida Power Corp. · Younger v. Giller Contracting Co., Inc. · J. G. Christopher Co. v. Russell · Southern Express Co. v. Williamson · 46 So. 2d 396 - First Federal Savings & Loan Ass'n v. Wylie

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

  1. “"The contention that the plaintiff is barred from pursuing this cause because her decedent and the operator of defendant's truck were both statutory employees of Hendry County Rock Company, thus limiting her to Workmen's Compensation benefits, is without merit. Hendry County Rock Company was not a `contractor' and the defendant was not a `subcontractor' as those terms are used in F.S. 440.10(1), F.S.A., so as to confine the plaintiff to Workmen's Compensation benefits as provided in F.S. 440.11, F.S.A. The mere fact that plaintiff's decedent and defendant's truck driver were working on the same general project does not make them employees of a common employer, and as Hendry County Rock Company had no primary obligation under a contract with another party, a portion of which it was passing on to defendant, it was not a `contractor' who would become the statutory employer of defendant's employees. * * * * * * * * * "Under the facts in this case the defendant was a `third party tortfeasor,' as that term is used in F.S. 440.39, against whom the plaintiff may bring these actions. * * *" ( 181 So.2d 707 ; emphasis added)”
    1 later decision quote this exact passage
  2. ““It is not contributory negligence to fail to look out for danger when there is no reason to apprehend any. Berlin v. Southgate Corp., Fla.App.1962, 142 So.2d 362 ; Mertz v. Krueger, Fla. [1952], 58 So.2d 160 ; First Federal Savings & Loan Ass’n of Miami v. Wylie, Fla. [1950], 46 So.2d 396 ; Dempsey-Vanderbilt Hotel v. Huisman, 153 Fla. 800 , 15 So.2d 903 ; Sears, Roebuck & Co. v. Geiger, 123 Fla. 446 , 167 So. 658 ; Crosby v. Donaldson, 95 Fla. 365 , 116 So. 231 ; Southern Express Co. v. Williamson, 66 Fla. 286 , 63 So. 433 , L.R.A. 1916C, 1208 ; J. G. Christopher Co. v. Russell, 63 Fla. 191 , 58 So. 45 . * * *” Foulk v. Perkins, Fla.App.1966, 181 So.2d 704 .”
    1 later decision quote this exact passage
  3. “Under the facts in this case the defendant was a `third party tortfeasor,' as that term is used in F.S. 440.39, against whom the plaintiff may bring these actions. * * *”
    1 later decision quote this exact passage

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.