397 So. 2d 348 - Selfe v. Smith’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]hus ... we need not advance the conventional if troublesomely unconvincing, arguments against reducing the damages to be awarded in a comparative negligence state to one whose injury was more serious because he did not buckle an available seat belt.”

   4 later decisions quote this exact passage
   e.g. 476 So. 2d 1267 - Volkswagen of America, Inc. v. Long · 451 So. 2d 447 - Insurance Co. of North America v. Pasakarnis

2. “In Brown , this court held that a teenager passenger's failure to latch her seat belt in a moving automobile could not be considered contributory negligence barring her recovery against the negligent operator of a coliding vehicle. That view is the position of courts in a substantial majority of states that bar recovery on account of contributory negligence, and it is the less decisive majority position among the comparative negligence states, with whom Florida became alligned after Brown was decided. In any event, such authority as exists for the seat belt defense seems limited to cases in which a seat belt is in fact installed and available for use at the time of the collision.”

   2 later decisions quote this exact passage
   e.g. 476 So. 2d 1267 - Volkswagen of America, Inc. v. Long · 440 So. 2d 373 - Honda Motor Co., Ltd. v. Marcus

3. “(1) plaintiff need not predict the defendant's negligence or anticipate an accident; (2) seat belts are not required in all vehicles, and defendant shouldn't be permitted to take advantage of the fact that they were installed in plaintiff's vehicle; (3) most people don't use seat belts, so a jury shouldn't be permitted to find that they should; and (4) allowing a seat belt defense will produce a "veritable battle of experts" on the causation question, and speculative verdicts. 397 So.2d at 351 n. 8.”

   1 later decision quote this exact passage
   e.g. Lafferty v. Allstate Ins. Co.