Carpenter v. Johnson’s Empirical Analysis
1982
Citation profile
2 federal appellate · 14 district · 50 state decisions
How this case has been cited
Cited by 66 later decisions — most recently February 2022 · most notably Fudge v. City of Kansas City (1986), Cansler v. State (1984)
2 federal appellate · 14 district · 50 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
Applies 28 U.S.C. § 2680
Relies on Truong Dinh Hung v. United States · In Re the Attorney General, Stephan · Downs v. United States · Robertson v. City of Topeka · Sheila M. Jackson v. Paul A. Kelly
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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A governmental entity or an employee acting within the scope of the employee’s employment shall not be liable for damages resulting from: (d) any claim based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a governmental entity or employee, whether or not the discretion be abused . . . .””
5 later decisions quote this exact passage · from the majority“"To determine whether or not the failure to place these signs is within the exercise of discretion which is excepted from liability, we first must examine the duty of the governmental entities. K.S.A. 8-2003 requires the secretary of transportation to adopt a manual and specifications for a uniform system of traffic-control devices within the state. ‘The secretary of transportation shall adopt a manual and specifications for a uniform system of traffic-control devices consistent with the provisions of this act for use upon highways within this state. Such uniform system shall correlate with and so far as possible conform to the system set forth in the most recent edition of the manual on uniform traffic- control devices for streets and highways and other standards issued or endorsed by the federal highway administrator/ Pursuant to this statute, the secretary adopted the Manual on Uniform Traffic Control Devices for Streets and Highways published by the United States Department of Transportation. The 1972 edition was in effect at the time of this 1979 accident. “K.S.A. 8-2004 requires the secretary to place such signs as he shall deem necessary in accordance with the manual and specifications. ‘(a) The secretary of transportation shall place and maintain such traffic-control devices, conforming to the manual and specifications adopted under K.S.A. 8-2003, upon all state highways as the secretary shall deem necessary to indicate and to carry out the provisions of this act or t”
3 later decisions quote this exact passage · from the majority“[c]urve sign ... is intended for use where engineering investigations ... and operating conditions show the recommended speed on the curve to be in the range between 30 and 60 miles per hour and equal to or less than the speed limit established ... for that section of the highway.”
3 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.