Gardere v. Deffez’s Empirical Analysis
1970
Citation profile
1
cited by 1 later decisions
1
states following
May 1972
most recently cited
1 state decisions
Relationships
Relies on Orlando v. Polito · McCallum v. Adkerson · Davidson v. American Drug Stores, Inc. · Glatt v. Hinton · 151 So. 2d 116 - Accardo v. Grain Dealers Mutual Insurance Co.
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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"... the doctrine does not apply if the defendant, because of his negligence, has failed to discover plaintiff’s peril in time to avoid the accident but to the time of the impact plaintiff also had an opportunity to save himself and failed to do so because of his own negligence or continued negligence; where both have had an equal opportunity to avoid the accident and neither did so because each failed to timely discover the other, neither may recover. Under these circumstances both are at fault for failure to see the other and neither has had a last clear chance.””
1 later decision quote this exact passagee.g. George v. Bertrand
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.