Gustafson v. Peck’s Empirical Analysis
1963
Citation profile
2 federal appellate · 4 state decisions
How this case has been cited
Cited by 14 later decisions — most recently January 1997
2 federal appellate · 4 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 Barr v. Matteo · Glidden Company v. Zdanok Lurk · Keifer v. Reconstruction Finance Corp. · Gardner v. Panama Railroad · Minneapolis St Louis Railroad Company v. George Bombolis
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The remaining question is whether the Congress has now manifested its intent to immunize federal employees from suit eo nomine arising out of their negligent operation of motor vehicles in the scope of their federal employment and now intends that such suits shall be against the United States. Actually, these immunity statutes probably do not completely obliterate the liability of the individual tortfeasor, but at best there is no direct liability against such tortfeasor as long as the United States Government both accepts the responsibility for the tort and declared the tortfeasor immune. See Gardner v. Panama Ry. Co., 342 U.S. 29 , 72 S.Ct. 12 , 96 L.Ed. 31 . * * * * * * "On September 21, 1961, Amendments b through e to Section 2679 were adopted and approved. * * * These amendments deal directly with the present case. They grant immunity from personal liability to Federal employees which may arise out of their negligent operation of motor vehicles while in the scope of their Federal employment. These amendments also require the United States to remove any such action to the Federal Courts which may have been started in a State Court and that the action then becomes one exclusively against the United States with the individual employee immune from liability. Remand is only allowed when it is determined that the employee was not within the scope of his Federal employment at the time the tort was committed. This is the evident clear meaning of this statute. When this is true,”
3 later decisions quote this exact passage · from the majority““(b) Subject to the provisions of Chapter 171 of this title, the district courts, together with the United Sates District Court for the District of the Canal Zone and the District Court of the Virgin Islands, shall have exclusive jurisdiction of civil actions on claims against the United States, for money damages, accruing on and after January 1, 1945, for injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred.” 28 U.S.C.A. sec. 1346 (b).”
2 later decisions quote this exact passage · from the majority““Subsection (b) is the basic provision of the bill, for it makes the remedy provided by section 1346(b) of title 28 * * * the sole remedy for * * * death resulting from the operation of a motor vehicle by a Government employee in the scope of his employment* This would exclude suits against employees in their individual capacities on the same claims.” 2 U.S.Cong, and Adm. News, 1961, p. 2787. (Emphasis added.)”
2 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.