317 N.J. Super. 554 - Thorne v. Miller’s Empirical Analysis
1998
Citation profile
2 district · 4 state decisions
How this case has been cited
Cited by 8 later decisions — most recently December 2016
2 district · 4 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 Palsgraf v. Long Island R.R. Co. · Glanzer v. . Shepard · Goldberg v. Housing Auth. of City of Newark · Hopkins v. Fox & Lazo Realtors · Kelly v. Gwinnell
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.
“determined by the `totality of the circumstances.' " Thorne, supra, 317 N.J.Super. at 560 , 722 A. 2d 626 (quoting Clohesy, supra, 149 N.J. at 514 , 694 A. 2d 1017 ); see also Sanchez, supra, 817 N.J.Super. at 81, 817 A. 2d 318 . "Factors used to determine the scope of a duty include the risk of harm and practicality of preventing it, and where the relevant behavior is easy to correct and the consequential harm serious, it is fair to impose a duty.”
1 later decision quote this exact passage“It is relatively easy for waving drivers to check if passage is safe, and if unable to do so, a driver contemplating a gesture should not take on the responsibility of directing traffic. Because gestures are so common and the risk of injury from car accidents so severe, it is only fair to impose a duty upon waving drivers.”
1 later decision quote this exact passagee.g. Lokey v. BREUNER“determined by the `totality of the circumstances.'”
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.