Plant v. Wilbur’s Empirical Analysis
2001
Citation profile
36
cited by 36 later decisions
3
states following
December 2018
most recently cited
2 federal appellate · 34 state decisions
Relationships
Relies on Wallace v. Broyles · Adams v. Arthur · George v. Jefferson Hosp. Ass'n, Inc. · Pugh v. Griggs · Angle v. Alexander
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.
“More importantly, as a participant, Plant was certainly familiar with the dangers inherent in the sport of auto racing. In fact, he admitted to having witnessed numerous wrecks that occurred during racing events. With this knowledge, Plant continued to voluntarily participate in this activity.”
3 later decisions quote this exact passage“It is true that this court has long stated a strong disfavor for exculpatory contracts that exempt a party from liability, because of the public-policy concern encouraging the exercise of care. This court has further stated that exculpatory contracts are to be strictly construed against the party relying on them. While this court disfavors exculpatory contracts, it has never ruled that such contracts are invalid per se. When construing such release contracts, this court has said that it is not impossible to avoid liability for negligence through contract; however, to avoid |6such liability, the contract must at least clearly set out what negligent liability is to be avoided.”
1 later decision quote this exact passage“I don’t find that this is the type of enterprise in which the courts have acknowledged that it is improper to let them, — in other words, an enterprise that people have to rely upon like public transportation or other types of enterprises where people of necessity have to go just to get through life and conduct regular business activities, making a living. ... his is recreation.”
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.