2009 Pa. Super. 79 - Archibald v. Kemble’s Empirical Analysis
2009
Citation profile
7 state decisions
How this case has been cited
Cited by 12 later decisions — most recently May 2025
7 state decisions
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 Jaworski v. Kiernan · 31 Ill. App. 3d 212 - Nabozny v. Barnhill · 224 Pa. Super. 47 - Ammlung v. Platt · Hackbart v. Cincinnati Bengals, Inc. · Kabella v. Bouschelle
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.
“g. Negligence and recklessness contrasted. Reckless misconduct differs from negligence in several important particulars. It differs from that form of negligence which consists in mere inadvertence, incompetence, unskillfulness, or a failure to take precautions to enable the actor adequately to cope with a possible or probable future emergency, in that reckless misconduct requires a conscious choice of a course of action, either with knowledge of the serious danger to others involved in it or with knowledge of facts which would disclose this danger to any reasonable man. It differs not only from the above-mentioned form of negligence, but also from that negligence which consists in intentionally doing an act with knowledge that it contains a risk of harm to others, in that the actor to be reckless must recognize that his conduct involves a risk substantially greater in amount than that which is necessary to make his conduct negligent. The difference between reckless misconduct and conduct involving only such a quantum of risk as is necessary to make it negligent is a difference in the degree of the risk, but this difference of degree is so marked as to amount substantially to a difference in kind.”
1 later decision quote this exact passage“The specific game involved, the ages and physical attributes of the'participants, their respective skills at the game and their'knowledge of its rules and dustoms, their status as amateurs or professionals, the type of risks which inhere in the game and those which are outside the realm of reasonable anticipation, the presence or absence of protective uniforms or equipment, the degree of zest with which the game is being played, and doubtless others.”
1 later decision quote this exact passage“Recklessness, or willfulness, or wantonness refers to a degree of care prosser describes as “aggravated negligence.” Nevertheless, they apply to conduct which is still, at essence, negligent, rather than actually intended to do harm, but which is so far from a proper state of mind that it is to be treated in many respects as if it were so intended.”
1 later decision quote this exact passagee.g. Doyle v. Doyle
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.