Dennard v. Green’s Empirical Analysis
1994
Citation profile
1 federal appellate · 2 district · 32 state decisions
How this case has been cited
Cited by 36 later decisions — most recently June 2020 · most notably Brooks v. Lewin Realty III, Inc. (2003), Houston v. Safeway Stores, Inc. (1997)
1 federal appellate · 2 district · 32 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 Impala Platinum Ltd. v. Impala Sales (U.S.A.), Inc. · Beahm v. Shortall · 69 Md. App. 342 - Pahanish v. Western Trails, Inc. · Myers v. Montgomery Ward & Co. · Ford v. Bradford
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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Redmiles stands for the proposition that the jury should determine whose negligence was the proximate cause of the accident when evidence sufficient to present that issue has been adduced. It does not even remotely suggest any restrictions in the jury’s function in that regard. The argument that, once the jury resolved the issue of the favored driver’s negligence, the unfavored driver must be liable as a matter of law, would have that effect.... In a boulevard rule case, where all of the potentially negligent parties are before the court, the jury’s task extends not only to determining the negligence of the favored driver and its causal relationship to the accident, but of the unfavored driver as well. Indeed, when all of the potentially negligent parties are before the court, no jury issue as to the proximate cause can be presented unless there is a factual issue as to which of those parties caused the accident, unless the evidence permits more than one conclusion to be drawn, that is, the evidence and the inferences from it are conflicting in that regard.”
2 later decisions quote this exact passage““In the instant case, it is unquestionably the case that the trial court’s denial of appellant’s new trial motion patently effects a real injustice to appellant. As we have seen, the record amply demonstrates that appellant was not, and, indeed, could not have been, responsible for the accident. Furthermore, the evidence demonstrates that the accident did not result from an act of God or unavoidable consequences. Notwithstanding the foregoing, the undeniable consequence of the court’s action is to place the burden of loss on the shoulders of the least blameworthy of all of the parties to the action, appellant herself. On the other hand, the result effected by that exercise of discretion is a lawful one; the jury was at liberty to reach the conclusion that it did.””
1 later decision quote this exact passage“[I]f it can be shown that the favored driver could have avoided the accident if he had been operating lawfully and with due care, then the negligence of the favored driver should be an issue for the jury.”
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.