Teller v. Anzano’s Empirical Analysis

Citation profile

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

1. “With respect to plaintiffs culpability, we similarly view the record as supporting the jury’s allocation of 70% of fault to plaintiff. Although plaintiff claims that he had the right of way (see Vehicle and Traffic Law § 1141), he clearly had a duty to exercise reasonable care in changing lanes and entering the intersection (cf., Patti v. Fenimore, supra, at 871, 581 N.Y.S.2d 432 ; Walker v. Dartmouth Plan Leasing Corp., 180 A.D.2d 952 , 580 N.Y.S.2d 535 ; Rice v. Massalone, supra, at 863, 160 A.D.2d 861 , 554 N.Y.S.2d 294 , Ward v. Watson, supra, at 915-916, 536 N.Y.S.2d 899 ), including the requirement of reducing his speed to an appropriate rate (see, Vehicle and Traffic Law § 1180[e]).... Upon the proof presented at trial, we conclude that plaintiff has failed to demonstrate that the apportionment of fault, which was within the province of the jury, could not have been reached by any fair interpretation of the evidence, even though the record may also support a different version (see, Coutrier v. Haraden Motorcar Corp., 237 A.D.2d 774, 775 , 655 N.Y.S.2d 660 ; Krueger v. Wilde, 204 A.D.2d 988, 989 , 614 N.Y.S.2d 88 ; Esner v. Janisziewski, 180 A.D.2d 991, 993 , 580 N.Y.S.2d 551 ; Vail v. Keeler, 166 A.D.2d 817, 819 , 562 N.Y.S.2d 818 ).”

   1 later decision quote this exact passage
   e.g. 483 F. Supp. 2d 267 - Saint Ex Rel. Saint v. United States