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← 250 SW3D 59 - Clawson v. Burrow

Clawson v. Burrow’s Empirical Analysis

2007

Citation profile

3
cited by 3 later decisions
2
states following
December 2010
most recently cited

3 state decisions

Relationships

Relies on Dickerson v. Colgrove · Byrd v. Hall · Coffey v. Foamex L.P. · Liberty Mutual Insurance Company v. Stevenson · Guy v. Mutual of Omaha 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “We note, however, that the papers ... reflect[] that the trial court has not ruled on [the Employer’s] motion for summary judgment [asserting that the death arose out of and in the course of employment] and that, contrary to its August 8, 2006 order, the trial court should, on proper motion and when the material facts are undisputed — as they appear to be in this case, decide whether Ms. Clawson’s injuries arose out of and in the course of her employment.”
    1 later decision quote this exact passage · from the majority
  2. “application of. the [exclusive remedy] provision depends upon whether the Decedent’s death arose out of and in the course of her employment. [The Employer] may not use the exclusivity provision of § 50-6-108 to secure a judgment as a matter ' of law [despite payments made] unless it can show there was no genuine dispute of material fact that the Decedent’s death arose out of and in the course and scope of her employment.”
    1 later decision quote this exact passage · from the majority
  3. “The rights and remedies granted to an employee subject to this chapter, on account of personal injury or death by accident, including a minor whether lawfully or unlawfully employed, shall exclude all other rights and remedies of the employee, the employee’s personal representative, dependents or next of kin, at common law or otherwise, on account of the injury or death.”
    1 later decision quote this exact passage · from the majority

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.