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← 20 KANAPP2D 246 - Gehring v. State

Gehring v. State’s Empirical Analysis

1994

Citation profile

13
cited by 13 later decisions
1
states following
November 2022
most recently cited

13 state decisions

How this case has been cited

Cited by 13 later decisions — most recently November 2022

13 state decisions

501994200020102020decided

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 Equity Investors, Inc. v. Academy Insurance Group, Inc. · Lindenman v. Umscheid · State v. Scherzer · 43 N.C. App. 229 - Holley v. Coggin Pontiac, Inc. · In Re Price

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

  1. “In determining whether the three-year statute of limitations applies, our inquiry is whether the statute created the cause of action. An action is not based upon a liability created by statute if the right would exist at common law without the statute. A statute is merely remedial if it does not give any new rights.”
    2 later decisions quote this exact passage
  2. ““Under the facts shown here, plaintiff s claim is based on ordinary negligence. The KTCA does not ‘create’ a cause of action like the highway defect statute, K.S.A. 60-301 (Weeks) (since repealed), the Kansas Consumer Protection Act, or the veterans’ preference law. Instead, the KTCA removes the immunity granted governmental entities at common law. By eliminating a defense, the KTCA merely created a remedial, not a substantive change. Tort actions against the State are brought pursuant to the KTCA. Such are not brought in violation of the KTCA.” Gehring, 20 Kan. App. 2d at 251 .”
    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.