Seiber v. State’s Empirical Analysis
1973
Citation profile
7 state decisions
Relationships
Applies 28 U.S.C. § 1346 (Federal Tort Claims Act)
Relies on Feres v. United States · Dalehite v. United States · Indian Towing Company v. United States · Rayonier Incorporated v. United States a Arnhold · Somerset Seafood Co. v. United States
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.
““The provisions of this chapter shall not apply to: “1. Any claim based upon an act or omission of an employee of the state, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation be valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a state agency or an employee of the state, whether or not the discretion be abused.” (Emphasis supplied).”
3 later decisions quote this exact passage““Virtually all the federal decisions on the ‘discretionary function’ exception to governmental tort liability recognize and apply the ‘planning’ and ‘operational’ tests in reaching a decision under particular facts. The difficulty arises in attempting to tell when the one stops and the other begins. “Undoubtedly there are hard cases where planning and operation overlap, but this is not one of them. The decision to keep highway 175 open during construction was one within the proper discretionary function for which no liability would attach; but once that decision was made, negligence in carrying out that policy cannot be excused on the ground the negligent acts were performed in the exercise of discretion within the meaning of the statutory exemption. “Every act involves discretion. However, the decision not to give proper warning is no more a ‘discretionary function’ as defined in section 25A.14(1) than is the determination to drive a state-owned vehicle in excess of the speed limit. u * * *”
1 later decision quote this exact passagee.g. Lewis v. State
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.