Vanek v. Prohaska’s Empirical Analysis

Citation profile

20 state decisions

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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “When a defendant pleads assumption of risk as an affirmative defense in a negligence action, the defendant has the burden to establish the elements of assumption of risk before that defense, as a question of fact, may be submitted to the jury. Mandery [v. Chronicle Broadcasting Co., 228 Neb. 391 , 423 N.W.2d 115 (1988)]. Before the defense of assumption of risk was submissive to the jury, evidence must have shown that the decedent (1) knew of the danger, (2) understood the danger, and (3) voluntarily exposed herself to the danger which proximately caused the plaintiff’s damage. Mandery, supra.”

   1 later decision quote this exact passage
   e.g. Trackwell v. Burlington Northern Railroad

2. “Knowledge of the risk is the watchword of assumption of risk.”

   1 later decision quote this exact passage
   e.g. Hughes v. Omaha Public Power District