Gabriel v. Bauman’s Empirical Analysis

Citation profile

6 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[b]ecause willfulness, wantonness, or recklessness 'is almost never admitted, and can be proved only by the conduct and the circumstances , an objective standard must of necessity in practice be applied.' " Gabriel , 2014 S.D. 30 , ¶ 16, 847 N.W.2d at 542-43 (emphasis added) (quoting W. Page Keeton et al., Prosser and Keeton on the Law of Torts § 34, at 212-14 (5th ed. 1984) ). We must examine the case from the perspective of a reasonable person. Id. ¶ 19, 847 N.W.2d at 543 . [¶ 27.] "Summary judgment is an extreme remedy, [and] is not intended as a substitute for a trial.”

   1 later decision quote this exact passage
   e.g. Fischer v. City of Sioux Falls

2. “Reasonable persons may understand that they should not exceed the speed limit and that by exceeding the speed limit, they are undertaking a risk of causing an accident. Under our case law, however, reasonable persons under the same or similar circumstances present in this case would not have consciously realized that speeding would-in all probability-result in the accident that occurred.”

   1 later decision quote this exact passage
   e.g. Fischer v. City of Sioux Falls

3. “[T]his Court warned long ago that if we draw the line of willful, wanton, or reckless conduct too near to that constituting negligent conduct, we risk 'opening a door leading to impossible confusion and eventual disregard of the legislative intent to give relief from liability for negligence.'”

   1 later decision quote this exact passage
   e.g. Fischer v. City of Sioux Falls