Vassey v. Burch’s Empirical Analysis
1980
Citation profile
174 state decisions
How this case has been cited
Cited by 174 later decisions — most recently September 2014 · most notably Waste Management of Carolinas, Inc. v. Peerless Insurance (1986), Roumillat v. Simplistic Enterprises, Inc. (1992)
174 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 Caldwell v. Deese · Page v. Sloan · Zimmerman v. Hogg & Allen, Professional Ass'n · Moore v. Fieldcrest Mills, Inc. · Pitts v. Village Inn Pizza, Inc.
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 174 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“As a general proposition, issues of negligence are ordinarily not susceptible of summary adjudication either for or against the claimant “but should be resolved by trial in the ordinary manner.” 6 Pt. 2 Moore’s Federal Practice, § 56.17 [42] at 946 (2d ed. 1980). Hence, it is only in exceptional negligence cases that summary judgment is appropriate because the rule of the prudent man, or other applicable standard of care, must be applied, and ordinarily the jury should apply it under appropriate instructions from the court.”
5 later decisions quote this exact passage“does not authorize the court to decide an issue of fact. It authorizes the court to determine whether a genuine issue of fact exists.”
5 later decisions quote this exact passage“The device used is one whereby a party may in effect force his opponent to produce a forecast of evidence which he has available for presentation at trial to support his claim or defense. A party forces his opponent to give this forecast by moving for summary judgment. Moving involves giving a forecast of his own which is sufficient, if considered alone, to compel a verdict or finding in his favor on the claim or defense. In order to compel the opponent’s forecast, the mov-ant’s forecast, considered alone, must be such as to establish his right to judgment as a matter of law.”
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.