Thomas Fuller v. William McCormick’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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We recognize that the majority of cases in this Court addressing assumption of the risk conclude that this issue is better left to the jury. However, where, as here, the issue is plain, palpable, and indisputable, summary judgment is appropriate. [Mike has] met [his] burden to show that [Ornelas] knowingly and voluntarily assumed the risk of injury, and [the plaintiff] has failed to meet [her] burden to defeat the affirmative defense of assumption of the risk. Accordingly, [Mike is] entitled to summary judgment as a matter of law [on the plaintiff's negligence claim]. 11”

   1 later decision quote this exact passage
   e.g. 343 Ga. App. 816 - Mike Smith v. Alda Jean Found

2. “the defendant[ ] bear[s] the initial burden of proof to come forward with evidence sufficient to establish that the [injured party] (1) had actual knowledge of the danger; (2) understood and appreciated the risks associated with such danger; and (3) voluntarily exposed himself to those risks. In assessing whether [a] defendant[ has] met this burden, we apply a subjective standard geared to the particular [injured party] and his situation, rather than that of a reasonable person of ordinary prudence. 9”

   1 later decision quote this exact passage
   e.g. 343 Ga. App. 816 - Mike Smith v. Alda Jean Found

3. “To recover for injuries caused by another's negligence, a plaintiff must show four elements: a duty, a breach of that duty, causation and damages.”

   1 later decision quote this exact passage
   e.g. 343 Ga. App. 816 - Mike Smith v. Alda Jean Found