Miller v. Miller’s Empirical Analysis
1968
Citation profile
29 federal appellate · 2 district · 108 state decisions
How this case has been cited
Cited by 159 later decisions — most recently December 2018 · most notably Fields v. Volkswagen of America, Inc. (1976), Barron v. Ford Motor Co. of Canada Ltd. (1992)
29 federal appellate · 2 district · 108 state decisions — followed in 27 states
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 Bentzler v. Braun · 140 Ind. App. 139 - Kavanagh v. Butorac · Sams v. Sams · Weavil v. Myers · Lieb v. Mayer
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 159 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The rule in North Carolina is that an injured plaintiff, whether his case be tort or contract, must exercise reasonable care and diligence to avoid or lessen the consequences of the defendant’s wrong. If he fails to do so, for any part of the loss incident to such failure, no recovery can be had. Johnson v. R.R., 184 N.C. 101 , 113 S.E. 606 . This rule is known as the doctrine of avoidable consequences or the duty to minimize damages. Failure to minimize damages does not bar the remedy; it goes only to the amount of damages recoverable. 22 Am. Jur. 2d Damages §§ 30-32 (1965).””
11 later decisions quote this exact passage“[ujnder what circumstances would a plaintiffs failure to buckle his seat belt constitute negligence? If a motorist begins his journey without buckling his belt, ordinarily he will not have time to fasten it when the danger of accident becomes apparent; so, the duty to ‘buckle up’ — if any — must have existed prior to the injury. Furthermore, it must be remembered that until one has, or should have, notice of another’s negligence, he is not required to anticipate it. On the contrary, he is entitled to assume that others will use due care for his safety and their own. (citations omitted)”
3 later decisions quote this exact passage“"Since 1960, thirty-three states and the District of Columbia have enacted seatbelt legislation. See Comment, The Failure to Use Seat Belts as a Basis for Establishing Contributory Negligence, Barring Recovery on Personal Injuries, 1 U.San Francisco L.Rev. 277 (1967), Appendix I, 290. Most of these statutes apply only to cars manufactured in 1962 or later. No state requires the belt to be used after installation except Rhode Island, which makes their use mandatory in certain government and public service vehicles only. Minnesota, Tennessee, and Virginia, specify that a failure to use the seat belts shall not be deemed contributory negligence. 16 DePaul L. Rev. 521 , 522 (1967); Roethe, Seat Belt Negligence in Automobile Accidents, 1967 Wis.L.Rev. 288, 289 [hereinafter cited as Roethe]. It appears, therefore, that the seat belt enactments are not absolute safety measures and that no statutory duty to use the belts can be implied from them. The North Carolina Legislature's failure to require the installation of belts in all licensed passenger vehicles and in buses, plus the limited requirements of only two sets of such belts in the front seat, supports this conclusion. Thus, if there be a duty to use an available seat belt, it is imposed by the common law." [ 160 S.E.2d 65, 68 ]”
2 later decisions 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.