Bennett v. Gary Smith Builders’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Average weekly wages” means the earnings of the injured employee in the employment in which he was working at the time of the injury during the period of fifty-two weeks immediately preceding the date of the injury, ... When for exceptional reasons the foregoing would be unfair, either to the employer or employee, such other method of computing average weekly wages may be resorted to as will most nearly approximate the amount which the injured employee would be earning were it not for the injury.”

   3 later decisions quote this exact passage
   e.g. Brunson v. Wal-Mart Stores, Inc. · Sellers v. Pinedale Residential Center

2. “obviously takes into consideration the fact that unusual circumstances relative to employment may occur. An elasticity or flexibility is permitted with a view toward always achieving the ultimate objective of reflecting fairly a claimant's probable future earning loss.”

   2 later decisions quote this exact passage
   e.g. Brunson v. Wal-Mart Stores, Inc. · Pilgrim v. Eaton

3. “[t]he objective of wage calculation is to arrive at a fair approximation of the claimant's probable future earning capacity.”

   2 later decisions quote this exact passage
   e.g. Stokes v. First National Bank · Pilgrim v. Eaton