234 Ga. App. 152 - McEachern v. Muldovan’s Empirical Analysis
1998
Citation profile
2 federal appellate · 9 state decisions
How this case has been cited
Cited by 13 later decisions — most recently June 2010
2 federal appellate · 9 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 Southland Butane Gas Co. v. Blackwell · Vaughn v. Pleasent · 65 Ga. App. 668 - Whatley v. Henry · 102 Ga. App. 518 - Roberts v. King · Savannah Electric Co. v. Jackson
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Assumption of risk in its simplest and primary sense means that the plaintiff has given his express consent to reheve the defendant of an obligation of conduct toward him and to take his chance of injury from a known risk. Also, plaintiff with knowledge of the risk may be regarded as tacitly or impliedly agreeing to take his own chances. In working out the distinction the courts have arrived at the conclusion that assumption of risk is a matter of knowledge of the danger and intelligent acquiescence in it.”
1 later decision quote this exact passage · from the concurrence“[t]he doctrine of avoidable consequences does not rest upon the idea that [the] defendant is relieved of any duty toward plaintiff, but denies recovery for any damages which could have been [discovered by plaintiff or might have been] avoided by reasonable conduct on plaintiffs part. Avoidance of the consequences involves the failure to take action to overcome defendants’ negligence after it is ... discovered by ... plaintiffs exercise of ordinary care.”
1 later decision quote this exact passage · from the concurrence“a subjective one, geared to the particular plaintiff and his situation, rather than that of a reasonable person of ordinary prudence who appears in [the completely separate defense of] contributory negligence.”
1 later decision quote this exact passage · from the concurrence
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.