Kerrigan v. Errett’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We now adopt those criteria for imposing individual liability on a co-employee found in Canter v. Koehring Company, 283 So.2d 716, 721 (La.1973): ‘1. The principal or employer owes a duty of care to the third person (which in this sense includes a co-employee), breach of which has caused the damage for which recovery is sought. ‘2. This duty is delegated by the principal or employer to the defendant. ‘3. The defendant officer, agent, or employee has breached this duty through personal (as contrasted with technical or vicarious) fault. The breach occurs when the defendant has failed to discharge the obligation with the degree of care required by ordinary prudence under the same or similar circumstances — whether such failure be due to malfeasance, misfeasance, or nonfea-sance, including when the failure results from not acting upon actual knowledge of the risk to others as well as from a lack of ordinary care in discovering and avoiding such risk of harm which has resulted from the breach of the duty. ‘4. With regard to the personal (as contrasted with technical or vicarious) fault, personal liability cannot be imposed upon the officer, agent, or employee simply because of his general administrative responsibility for performance of some function of the employment. He must have a personal duty towards the injured plaintiff, breach of which specifically has caused the plaintiff’s damages. If the defendant’s general responsibility has been delegated with due care to some respon”

   1 later decision quote this exact passage
   e.g. Brigdon v. Brandrup

2. “It should be noted parenthetically that by statutory amendment enacted subsequent to both the... events of this case the legislature has provided a limited liability immunity for a co-employee”

   1 later decision quote this exact passage
   e.g. Iddings v. Mee-Lee