Thies v. Cooper’s Empirical Analysis

Citation profile

10 district · 41 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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is the general rule that an actor has no duty to control the conduct of a third person to prevent that person from causing harm to others unless a ‘special relationship’ exists between ■ the actor and the third party or the actor and the injured party. Restatement (Second) of Torts § 315 (1963).””

   3 later decisions quote this exact passage · from the majority
   e.g. Nero v. Kansas State University · 21 Kan. App. 2d 729 - Calwell v. Hassan

2. ““An employer is liable for the tortious acts of an employee only under special circumstances. Special circumstances exist when the employee is on the employer’s premises, performing work for the employer, or using the employer’s chattel; when the employer voluntarily assumes a duty to control the employee; or when the employer negligently retains a known incompetent or unfit employee.””

   2 later decisions quote this exact passage · from the majority
   e.g. Smith v. Printup · 13 F. App'x 865 - Girard v. Trade Professionals, Inc.

3. ““[W]hether, under Kansas law, an employer who makes available free cereal malt beverages in uncontrolled amounts to its employees on the employer’s premises may be held hable for all foreseeable consequences of its acts and omissions, including torts committed by employees while driving home from the workplace in an intoxicated condition.””

   2 later decisions quote this exact passage · from the majority
   e.g. 32 Kan. App. 2d 1230 - Noone v. Chalet of Wichita · Klose Ex Rel. Klose v. Wood Valley Racquet Club, Inc.