Ditloff v. Otto’s Empirical Analysis
1991
Citation profile
20 state decisions
Relationships
Relies on MacPherson v. . Buick Motor Co. · Rahmig v. Mosley MacHinery Co. · Union Pacific Railroad v. Kaiser Agricultural Chemical Co. · Jensen v. Archbishop Bergan Mercy Hospital · Burns v. Veterans of Foreign Wars
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.
“Contributory negligence must always be examined in the light of the particular facts in each case. The duty to make this examination and determination concerning contributory negligence properly belongs to the fact finder unless the evidence compels only one conclusion about which reasonable [persons] cannot disagree.”
1 later decision quote this exact passage“A plaintiff is contributorily negligent if (1) the plaintiff fails to protect himself or herself from injury; (2) the plaintiff’s conduct concurs and cooperates with the defendant’s actionable negligence; and (3) the plaintiff’s conduct contributes to the plaintiff’s injuries as a proximate cause.”
1 later decision quote this exact passage“`Foreseeability is a factor in establishing a defendant's duty....'”
1 later decision quote this exact passage
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.