372 Pa. Super. 614 - Grim v. Betz’s Empirical Analysis
1988
Citation profile
34 state decisions
How this case has been cited
Cited by 36 later decisions — most recently June 2009 · most notably Noll by Noll v. Harrisburg Area YMCA (1994), 377 Pa. Super. 341 - Fox v. Gabler (1988)
34 state decisions
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 Curtiss-Wright Corporation v. General Electric Company · Pugar v. Greco · Fried v. Fried · Posternack v. Am. Cas. Co. of Reading · Sweener v. First Baptist Church of Emporium
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.
“(a) Occupant protection.— * ¡Ü (2) Except for children under four years of age and except as provided in paragraph (1), each driver and front seat occupant of a passenger car ... shall wear a properly adjusted and fastened safety belt system. ... * :js # sjs jfc (e) Civil actions. — In no event shall a violation or alleged violation of this sub-chapter be used as evidence in a trial of any civil action; nor shall any jury in a civil action be instructed that any conduct did constitute or could be interpreted by them to constitute a violation of this subchapter; nor shall failure to use a child passenger restraint system or safety belt system be considered as contributory negligence no shall failure to use such a system be admissible as evidence in the trial of any civil action....”
3 later decisions quote this exact passage“As such, it would appear that [defendants] are substantially correct in their assertions that the trial court’s decision to preclude amendment to plead a “seat belt defense”, as contrary to law, was erroneous on the basis of the state of the law on [the date of its decision]. However, a reviewing court may affirm the decision of the trial court if the result is correct on any ground, without regard to the grounds relied upon by the trial court. Moreover it is well settled that an intervening change in the law must be applied to cases which are in the throes of direct appeal when the change occurs. We find that an intervening change in the law has occurred which mandates affirmance of the trial court’s denial of permission to amend. On November 23, 1987, the availability of a “seat belt defense” in Pennsylvania, ceased to be an open question, with the passage of [the Occupant Protection Act], ... Sp * * * * * The import of the amendments is clear: the legislature has decided that a defense of comparative negligence, in the form of a “seat belt defense”, premised on either the failure of an adult to employ a seat belt for his own protection, or on failure of an adult to protect his minor child with seat belts, will not be available in any civil action in this Commonwealth.”
1 later decision quote this exact passage“The import of the amendments is clear; the legislature has decided that a defense of comparative negligence, in the form of a ‘seat belt defense’, premised on either the failure of an adult to employ a seat belt for his own protection, or on the failure of an adult to protect his minor children with seat belts, will not be available in any civil action in this Commonwealth. Section (E) of § 4581 clearly states that the failure to use a ‘child passenger restraint system’ or ‘safety seat belt system’ shall not be considered, in any civil action, as contributory negligence, and shall not be admissible as evidence in any civil action. Moreover, the legislature has provided a definition of ‘safety seat belt system’ which includes all known forms of mechanical restraint available, in order to preclude any misconstruction of its intent.”
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.