Elliott v. Carter’s Empirical Analysis

Citation profile

2 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'the standard for gross negligence [in Virginia] is one of indifference, not inadequacy,' a claim for gross negligence must fail as a matter of law when the evidence shows that the defendants exercised some degree of care.”

   3 later decisions quote this exact passage
   e.g. Commonwealth v. Giddens · Fijalkowski v. Wheeler

2. “a degree of negligence showing indifference to another and an utter disregard of prudence that amounts to a complete neglect of the safety of such other person.”

   3 later decisions quote this exact passage
   e.g. Fijalkowski v. Wheeler · Graham v. City of Manassas Sch. Bd.

3. “Ordinarily, the question whether gross negligence has been established is a matter of fact to be decided by [the factfinder]. Nevertheless, when persons of reasonable minds could not differ upon the conclusion that such negligence has not been established, it is the court's duty to so rule.”

   2 later decisions quote this exact passage
   e.g. Commonwealth v. Giddens · Doe v. Russell Cnty. Sch. Bd.