Lawrence v. Deemy’s Empirical Analysis
1969
Citation profile
70 state decisions
How this case has been cited
Cited by 70 later decisions — most recently October 2023 · most notably Hopkins v. State (1985), Beck v. Kansas Adult Authority (1987)
70 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 Brick v. City of Wichita · Goforth v. Franklin Life Insurance · Secrist v. Turley · Green v. Kaesler-Allen Lumber Co. · Jarnagin v. Ditus
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 70 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Generally before a summary may be granted, the record before the court must show conclusively that there remains no genuine issue as to a material fact, and that the moving party is entitled to judgment as a matter of law. A mere surmise or belief on the part of the trial court, no matter how reasonable, that a party cannot prevail upon a trial will not warrant a summary judgment if there remains a dispute as to a material fact which is not clearly shown to be sham, frivolous, or so unsubstantial that it would be futile to try the case. ( Knowles v. Klase, 204 Kan. 156 , 460 P.2d 444 ; Green v. Kaesler-Allen Lumber Co., 197 Kan. 788 , 420 P.2d 1019 .) The manifest purpose of a summary judgment is to obviate delay where there is no real issue of fact. A court should never attempt to determine the factual issues on a motion for summary judgment, but should search the record for the purpose of determining whether factual issues do exist. If there is a reasonable doubt as to their existence, a motion for summary judgment will not lie. ( Secrist v. Turley, 196 Kan. 572 , 412 P.2d 976 .) A court, in making its determination, must give to the party against whom summary judgment is sought the benefit of all inferences that may be drawn from the facts under consideration. ( Shehi v. Southwest Rentals, Inc., 199 Kan. 265 , 428 P.2d 838 ; Jarnagin v. Ditus, 198 Kan. 413 , 424 P.2d 265 ; Brick v. City of Wichita, 195 Kan. 206 , 403 P.2d 964 .)"”
8 later decisions quote this exact passage · from the majority“[t]he doctrine of sudden emergency cannot be regarded as something apart from and unrelated to the fundamental rule that everyone is under a duty to exercise ordinary care under the circumstances to avoid injury to others. A claim of emergency is but a denial of negligence.”
5 later decisions quote this exact passage · from the majority
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.