Gipson v. State’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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he duty of the [public agency] is of a general nature, involving an exercise of due care under the circumstances.... While engineering knowledge and skills may well be utilized by the [public agency] in fulfilling its obligation, the ... obligation is stated in broader terms. Compliance with recognized or, in the case of the manual, statutorily mandated engineering procedures would be most relevant to whether [the public agency] has properly discharged its function. [Its] duty is not necessarily coterminous with [an] engineer’s professional judgment.”

   1 later decision quote this exact passage
   e.g. Kemin Industries, Inc. v. KPMG Peat Marwick LLP

2. “[T]he engineering determinations which are required to implement the manual are not dispositive of the legal liability of the public agency.”

   1 later decision quote this exact passage
   e.g. Cook v. State