Collette v. Clausen’s Empirical Analysis

Citation profile

5 district · 8 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “§ 388 Chattel Known to Be Dangerous for Intended Use One who supplies directly or through a third person a chattel for another to use is subject to liability to those whom the supplier should expect to use the chattel with the consent of the other or to be endangered by its probable use, for physical harm caused by the use of the chattel in the manner for which and by a person for whose use it is supplied, if the supplier (a) knows or has reason to know that the chattel is or likely to be dangerous for the use for which it is supplied, and (b) has no reason to believe that those for whose use the chattel is supplied will realize its dangerous condition, and (c) fails to exercise reasonable care to inform them of its dangerous condition or of the facts which make it likely to be dangerous.”

   4 later decisions quote this exact passage
   e.g. Burgad v. Jack L. Marcus, Inc. · 590 F. Supp. 2d 1169 - Krosch v. JLG Industries, Inc.

2. “In this case Beckler asserts that melted snow does accumulate on these steps from time to time and that BPS should have provided signs warning of that possibility. But the undisputed evidence is that BPS regularly mopped up any melted snow and that at the time of Beckler's fall on the steps there was no evidence of any melted snow being present. No deposition testimony of any witness, including Beckler, states that the steps were wet. Beckler herself testified that she wiped her shoes on the rug at the top of the landing before she stepped onto the steps. After her fall she testified she crawled back up to the landing to signal her husband who was waiting outside in their car. She did testify that her pants were wet, but she did not know if that wetness came from the steps or from the rug. Becker's claim in her Complaint is that the stairs were wet and that they were wet as a result of melted snow and/or ice. Her expert's opinion is based on his understanding that the stairs were wet. Her only evidence that the stairs were wet is her conclusion that they get wet every day from 100s of children coming in and out that door from portable classrooms. Paraphrasing our Supreme Court in Fast , Beckler cannot "rely upon unsupported, conclusory allegations." Rather she "must present competent admissible evidence by affidavit or other comparable means which raises an issue of material fact." The Court finds she has failed to do so. Defendant's Motion for Summary Judgment is GRANTED and”

   2 later decisions quote this exact passage
   e.g. Gillespie v. National Farmers Union Property & Casualty Co. · Beckler v. Bismarck Public School District

3. “One who supplies directly or through a third person a chattel for the use of another whom the supplier knows or has reason to know to be likely because of his youth, inexperience, or otherwise, to use it in a manner involving unreasonable risk of physical harm to himself and others whom the supplier should expect to share in or be endangered by its use, is subject to liability for physical harm resulting to them.”

   2 later decisions quote this exact passage
   e.g. Bjerk v. Anderson · Gillespie v. National Farmers Union Property & Casualty Co.