249 Cal. App. 2d 929 - Smith v. Trapp’s Empirical Analysis
1967
Citation profile
2 federal appellate · 40 state decisions
How this case has been cited
Cited by 42 later decisions — most recently June 1992 · most notably 69 Cal. 2d 217 - De Cruz v. Reid (1968), 69 Cal. 2d 452 - Woodcock v. Fontana Scaffolding & Equipment Co. (1968)
2 federal appellate · 40 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 57 Cal. 2d 57 - Witt v. Jackson · Carter v. Seaboard Finance Co. · 29 Cal. 2d 258 - Pulcifer v. County of Alameda · 32 Cal. 2d 430 - Garrison v. Rourke · Conner v. Utah Construction & Mining 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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The claim of an employee for compensation does not affect his claim or right of action for all damages proximately resulting from such injury or death against any person other than the employer. Any employer who pays, or becomes obligated to pay compensation, or who pays, or becomes obligated to pay salary in lieu of compensation, may likewise make a claim or bring an action against such third person. In the latter event the employer may recover in the same suit, in addition to the total amount of compensation, damages for which he was liable including all salary, wage, pension, or other emolument paid to the employee or to his dependents.”
1 later decision quote this exact passage“damages must be reduced by the amount of workmen's compensation he received”
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.