Seivert v. Resnick’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is possible, within the bounds of compensation theory, to make out a case justifying this legislative extension of immunity to the co-employee. The reason for the employer’s immunity is the quid pro quo by which the employer gives up his normal defenses and assumes automatic liability, while the employee gives up his right to common law verdicts. This reasoning can be extended to the tortfeasor co-employee; he, too, is involved in a compromise of rights. Perhaps, so the argument runs, one of the things he is entitled to expect in return for what he has given up is the freedom of the common law suits based on industrial accidents in which he is at fault.”

   3 later decisions quote this exact passage
   e.g. Meade v. Ries · Suckow v. NEOWA FS, INC.

2. “[ojrdinarily, a co-employee is working under the direction of the employer and comporting his conduct to the employer’s directions, a circumstance which supports a legislative decision to grant the co-employee at least a partial share of the employer’s immunity from common law tort suits.”

   1 later decision quote this exact passage
   e.g. Suckow v. NEOWA FS, INC.