28 Ohio App. 3d 88 - Applegate v. Duncanside Park’s Empirical Analysis
1986
Citation profile
6 state decisions
How this case has been cited
Cited by 6 later decisions — most recently January 2016
6 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 Heckert v. Patrick · Zents v. Board of Commissioners · Strunk v. Dayton Power & Light Co. · 58 Ohio App. 2d 61 - Zupancic v. City of Cleveland
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Liability for tortious conduct is premised upon the existence of an express duty, albeit common law or statutory, owed by the defendant to the plaintiff. Strunk [v. Dayton Power & Light Co. (1983) ], supra [ 6 Ohio St.3d 429 ] at 431 [ 453 N.E.2d 604, 606 ]. Counties, as creatures of statute, possess only those powers and duties imposed upon them by statute. 52 Ohio Jurisprudence 3d (1984) 122, Government Tort Liability, Section 25. In the instant action, appellants have not demonstrated the existence of any statutory duty on the part of appellee to trim weeds growing in the median strip of a county highway. In the absence of such duty, appellants cannot recover against appellee even though sovereign immunity no longer remains as a defense.” Id. at 90, 28 OBR at 132-133, 502 N.E.2d at 252 .”
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.