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← 347 So. 2d 274 - Corceller v. Brooks

347 So. 2d 274 - Corceller v. Brooks’s Empirical Analysis

1977

Citation profile

20
cited by 20 later decisions
1
states following
September 1990
most recently cited

2 federal appellate · 16 state decisions

How this case has been cited

Cited by 20 later decisions — most recently September 1990

2 federal appellate · 16 state decisions

160197719801990decided

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 Gonzales v. Xerox Corp. · Ramp v. St. Paul Fire and Marine Insurance Company · 193 Cal. App. 2d 147 - Theobald v. Byers · Morgan v. Liberty Mut. Ins. Co. · State ex rel. Hernandez v. Weaver

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

  1. “Warranty or guarantee by an attorney of a particular result of a litigious claim is foreign to the nature of the legal profession.”
    6 later decisions quote this exact passage
  2. “"Though the trial judge in his charge instructed the jury to consider plaintiff's claims separately, the interrogatory did not define those claims to which contributory negligence and assumption of risk are responsive defenses. Absent this differentiation, the jury could not have known which of plaintiff's claims are subject to the defense of contributory negligence and assumption of risk and which of those claims are not." The Court then continued: "According to the Code of Civil Procedure and the jurisprudence, the trial judge has the discretion to submit a case to the jury on special interrogatories but is not required to do so. Nevertheless, in a matter involving a cause of action in which several claims are asserted to which different defenses are responsive, the trial judge, in order to assist the jury in its deliberation, should direct interrogatories to the jury which would allow a separate jury finding on each claim and on the defense applicable to that claim. "Accordingly, we conclude the trial judge erred in the instant case in failing to include an interrogatory defining those claims asserted by plaintiff to which contributory negligence is a viable defense and those claims to which this defense is not applicable."”
    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.