Parries v. Labato’s Empirical Analysis

Citation profile

2 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Defendants next contend that the trial court erred in admitting defendants’ amended answer as an admission. In defendants’ amended answer they alleged as a defense: ‘That at the time and place mentioned, plaintiff’s decedent was herself negligent in entering, remaining and riding in a vehicle when she knew or should have known that the driver of the vehicle had consumed alcoholic beverages to the extent that his ability to control, or to safely and prudently drive the vehicle was impaired. (Emphasis added.)’ This pleading was later superseded by defendants’ second amended answer, which omitted the above-quoted defense. At trial the court, over defendants’ objection, allowed plaintiff to introduce the amended answer as an admission. In Moore v. Drennan, 269 Or. 189, 193 , 523 P.2d 1250, 1252-53 (1974), the court stated: ‘A statement of fact in a party’s pleading is an admission that the fact exists as stated. Marsh v. Davidson, 265 Or. 532, 537 , 510 P.2d 558, 560 (1973). The admissions in plaintiff’s prior pleadings were not consistent with plaintiff’s pleadings and testimony at trial. After prior pleadings are received in evidence the pleading party can introduce evidence to explain the allegations in the abandoned pleadings. Beck v. General Ins. Co., 141 Or. 446, 455-56 , 18 P.2d 579, 582 (1933), but the weight to be accorded the former pleadings is a matter for the jury.’ The trial court did not err in allowing the amended answer to be introduced as an exhibit.”

   1 later decision quote this exact passage
   e.g. Blackmon v. Estate of Wilson