Roberts v. Timmins’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A tort shall be deemed to be within the scope of employment or duties if the act or omission reasonably relates to the business or affairs of the municipality and the officer, employee, or agent acted in good faith and in a manner a reasonable person would have believed to be in and not opposed to the best interests of the municipality. § 613A.2, The Code 1977. The appellant claims that her allegation the appellees acted "maliciously, recklessly, in bad faith, and inspired by ill will toward the plaintiff" served reasonable notice to them that she would seek to show her acts to be outside the scope of their employment. While the petition did not allege the acts were outside the scope of employment, as was the case in Roberts , neither did it say they were within it. The petition only alleged that the appellees were employees of the municipality. We note in this connection that the appellant alleged acts of maliciousness, recklessness and bad faith, whereas scope of employment under the tort claims act encompasses only acts of employees in good faith and "in and not opposed to the best interests of the municipality." § 613A.2, The Code 1977.”

   1 later decision quote this exact passage
   e.g. Lamantia v. Sojka