Berry v. Tessman’s Empirical Analysis
2007
Citation profile
6
cited by 6 later decisions
1
states following
September 2019
most recently cited
5 state decisions
Relationships
Relies on Jones v. Chevron U.S.A., Inc. · Clarke v. Beckwith · Mostert v. CBL & Associates · O'DONNELL v. City of Casper · Eiselein v. K-Mart, Inc.
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“One who undertakes, gratuitously or for consideration, to render services to another which he should recognize as necessary for the protection of a third person or his things, is subject to liability to the third person for physical harm resulting from his failure to exercise reasonable care to protect his undertaking, if (a) his failure to exercise reasonable care increases the risk of such harm, or (b) he has undertaken to perform a duty owed by the other to the third person, or (c)the harm is suffered because of reliance of the other or the third person upon the undertaking.”
1 later decision quote this exact passage“(1) The foreseeability of harm to the plaintiff, (2) the closeness of the connection between the defendant’s conduct and the injury suffered, (3) the degree of certainty that the plaintiff suffered injury, (4) the moral blame attached to the defendant’s conduct, (5) the policy of preventing future harm, (6) the extent of the burden upon the defendant, (7) the consequence to the community and the court system, and (8) the availability, cost and prevalence of insurance for the risk involved.”
1 later decision quote this exact passage“A landowner in Wyoming owes a general duty to "act as a reasonable man in maintaining his property in a reasonably safe condition in view of all the circumstances, including the likelihood of injury to another, the seriousness of the injury, and the burden of avoiding the risk."”
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.