252 Pa. Super. 392 - Gradel v. Inouye’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[T]he burden of proof in a civil case, such as this one, is upon the plaintiff.” (R. 534a). “[T]he plaintiff has the burden of proving that [defendant’s alleged negligence] was a substantial factor in bringing about .... the loss of his arm.” (R. 535a). “Now, the burden of proof in a malpractice action is upon the plaintiff, to prove either, one, that the physician or surgeon did not possess and employ the required skill and knowledge or, number two, that he did not exercise the care and judgment of a reasonable man in like circumstances.” (R. 540a).”

   1 later decision quote this exact passage
   e.g. Gradel v. Inouye

2. “§ 323. Negligent Performance of Undertaking to Render Services- One who undertakes, gratuitously or for consideration, to render services to another which he should recognize as necessary for the protection of the other’s person or things, is subject to liability to the other for physical harm resulting from his failure to exercise reasonable care to perform his undertaking, if (a) his failure to exercise such care increases the risk of such harm, or (b) the harm is suffered because of the other’s reliance upon the undertaking.”

   1 later decision quote this exact passage
   e.g. Gradel v. Inouye

3. “That since there was no evidence that the defendant caused the cancer, or that his treatment increased the risk of metastasis to some other part of the body, the jury must not take into account any claim that the cancer may later be discovered to have metastasized.”

   1 later decision quote this exact passage
   e.g. Gradel v. Inouye