182 F. Supp. 2d 330 - Wheeler v. Couret’s Empirical Analysis
2001
Citation profile
1 state decisions
Relationships
Relies on Klaxon Co. v. Stentor Electric Manufacturing Co. · Commissioner of Internal Revenue v. Estate J Bosch Second National Bank of New Haven · Maiello v. NYS BD. OF PAROLE · Padula v. Lilarn Properties Corp. · Turcotte v. Fell
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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Express assumption, which was held to preclude any recovery, resulted from agreement in advance that defendant need not use reasonable care for the benefit of plaintiff and would not be hable for the consequence of conduct that would otherwise be negligent. [Citations omitted.] Implied assumption was founded not on express contract, but on plaintiffs voluntarily encountering the risk of harm from defendant’s conduct with full understanding of the possible harm to himself or herself [citations omitted], and according to some authorities required that plaintiffs consent to the risk involved be unreasonable under the circumstances.”
1 later decision 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.