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← 365 SO2D 860 - Fincher v. Surrette

Fincher v. Surrette’s Empirical Analysis

1978

Citation profile

12
cited by 12 later decisions
1
states following
March 2001
most recently cited

4 federal appellate · 6 state decisions

How this case has been cited

Cited by 12 later decisions — most recently March 2001

4 federal appellate · 6 state decisions

801978198019902000decided

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 Canter v. Koehring Company · 358 So. 2d 926 - Chappuis v. Sears Roebuck & Co. · 340 So. 2d 1331 - Prestenbach v. Sentry Ins. Co. · Ezzie Welch, Administrator of the Estate of Samuel Welch v. Outboard Marine Corporation · 322 So. 2d 155 - McInnis v. Fireman's Fund Insurance Company

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

  1. “"At the close of the evidence or at an earlier time during the trial as the court reasonably directs, a party may file written requests that the court instruct the jury on the law as set forth in the requests. The court shall inform counsel of its proposed action upon the requests, prior to their arguments to the jury. A party may not assign as error the giving or the failure to give an instruction unless he objects thereto before the jury retires to consider its verdict, stating specifically the matter to which he objects and the grounds of his objection. Opportunity shall be given to make the objection out of the hearing of the jury."”
    1 later decision quote this exact passage
  2. “"For a plaintiff to assume a risk, he or she must have knowledge of and voluntarily encounter the risk which causes the injury. Knowledge is the key point and must be proved by a preponderance of the evidence."”
    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.