192 So. 2d 568 - Roller v. Cormier’s Empirical Analysis
1966
Citation profile
12 state decisions
Relationships
Relies on Jones v. Continental Casualty Co. of Chicago, Ill. · McAllister v. Travelers Insurance Co. · Geller v. 2500 Collins Corp. · 79 So. 2d 903 - Futrell v. Pacific Indemnity Company · 182 So. 2d 165 - Viator v. Grain Dealers Mutual Insurance Company
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““When an accident occurs involving a driver whose mental or physical faculties have been materially impaired due to the influence of intoxicants, a guest passenger who knows or should know of the driver’s condition and nevertheless voluntarily rides with him cannot recover for injuries received in an accident caused in whole or in part by the driver’s negligence if the alcohol-induced impairment of the driver’s ability is a substantial contributory cause of the driver’s negligence. Under such circumstances, the passenger’s recovery is barred not only against his host driver but also against third persons whose negligence contributed to the accident, provided that the host driver’s intoxicant-caused negligence contributed to the accident.””
1 later decision quote this exact passage“The law is clear that when two persons seek each other's companionship for a night of drinking and `making the rounds,' the fact that one person becomes intoxicated in the course of the night's activities is no defense to a plea of contributory negligence or assumption of risk when the incapacitated person is injured through the alcohol-induced negligence of his drinking companion.”
1 later decision quote this exact passage““Even plaintiff’s own witnesses said Carroll appeared to have had a few drinks; that he was not sober and he was not drunk. This must be interpreted to mean that he did not have normal control of his mental and physical faculties.””
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.