Brooks v. Dietz’s Empirical Analysis
1976
Citation profile
16 federal appellate · 26 district · 53 state decisions
How this case has been cited
Cited by 97 later decisions — most recently December 2011 · most notably Kennedy v. City of Sawyer (1980), 162 W. Va. 857 - Morningstar v. Black & Decker Manufacturing Co. (1979)
16 federal appellate · 26 district · 53 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 Greenman v. Yuba Power Products, Inc. · Henningsen v. Bloomfield Motors, Inc. · Tiller v. Atlantic Coast Line Railroad · Jacob E. Decker & Sons, Inc. v. Capps · Crabb v. Swindler, Administratrix
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 97 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if (a) the seller is engaged in the business of selling such a product, and (b) it is expected to and does reach the user or consumer without substantial change in the condition in which it is sold, (2) The rule stated in Subsection (1). applies although (a) the seller has' exercised all possible care in the preparation and sale of his product, and (b) the user or consumer has not bought the product from or entered into any contractual relation with the seller.”
15 later decisions quote this exact passage · from the majority“We have concluded the time has come for this court to adopt the rule of strict liability as set out in § 402A of the Restatement, supra, and we therefore so hold.”
2 later decisions quote this exact passage · from the majority““The present rules of practice in Kansas are patterned after the federal rules. The federal rules seek to make pleadings and amendments less technical in keeping with the idea that pleading a precise cause of action should not be the deciding factor. The deciding factor on relating an amendment back to the petition is whether the other party was actually notified of the litigation involving a described conduct, transaction or occurrence.””
1 later decision 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.