426 Pa. Super. 528 - Locke v. Claypool’s Empirical Analysis
1993
Citation profile
2 district · 23 state decisions
How this case has been cited
Cited by 25 later decisions — most recently March 2017 · most notably Lock v. City of Philadelphia (2006), 448 Pa. Super. 510 - Surowiec v. General Motors Corp. (1996)
2 district · 23 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 Commonwealth v. Jarman · Commonwealth v. Modaffare · 421 Pa. Super. 33 - Whyte v. Robinson · 336 Pa. Super. 569 - Ackerman v. Delcomico · BILLOW v. Farmers Trust Co.
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A review of the record reveals that the only evidence regarding Locke’s intoxication was (1) the officer's testimony that he smelled the odor of beer emanating from the ambulance which housed Locke at the time of the accident; (2) the blood test which indicated that Locke’s blood alcohol content was at .06% (a- level well below the statutory presumption of the unfitness to operate a vehicle); and (3) the expert, who extrapolated the test results and concluded that because Locke was a minor, he would have an exaggerated reaction to alcohol.”
1 later decision quote this exact passage“The rationale behind this rule is that when a person’s blood alcohol content exceeds [the legal limit], our legislature has determined that he is presumptively unfit to drive. The “presumption” of unfitness to drive, however, is inapplicable to civil cases, and a jury may not be instructed regarding the presumption. Therefore, expert testimony is helpful to explain the significance of a blood alcohol content above [the legal limit], without reference to the “presumption.””
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.