Lewis v. Gardner Engineering Corp.’s Empirical Analysis
1973
Citation profile
15 state decisions
How this case has been cited
Cited by 17 later decisions — most recently December 1995
15 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 Reed v. Steamship Yaka · Duprey v. Shane · McGregor & Pickett v. Arrington · Birchett v. Tuf-Nut Garment Manufacturing Company · Emberson v. Buffington
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It was never intended that our workman’s compensation statutes should immunize one who happens to be an employer from any and all liability to one who happens to be his employee. Amendment 26 of our Constitution only authorized the General Assembly to enact laws prescribing the amount of compensation to be paid by employers for injuries to employees. It prohibits any other limitation on the amount to be recovered for injuries. This certainly means that the General Assembly can only prescribe limitations relating to injuries arising out of the employer-employee relationship Liability under the act is based not upon any act or omission of the employer, but upon the existence of the relationship which the employee bears to the employment because of and in the course of the employment.”
1 later decision quote this exact passage“It has been held that unlike a partnership, a joint adventure is not a distinct legal entity separate and apart from the parties composing it, and consequently an employee of a joint adventure is an employee of each of the joint adventurers under ordinary principles of agency, and the liability of the joint adventurers and their insurance companies for workmen’s compensation to such employee is joint and several, (citation omitted)”
1 later decision quote this exact passage“An employer normally shielded from tort liability by the exclusive remedy principle may become liable in tort to his own employee if he occupies in addition to his capacity as employer a second capacity that confers on him obligations independent of those imposed on him as employer.”
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.