Pratt v. Freese's, Inc.’s Empirical Analysis

Citation profile

2 federal appellate · 2 district · 13 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[S]imply because the accident had in fact occurred”

   2 later decisions quote this exact passage
   e.g. Poulin v. Aquaboggan Waterslide · Bell v. May Department Stores Co.

2. “The doctrine of res ipsa loquitor is applicable where (i) there has been an unexplained accident, (ii) the instrument that caused the injury was under the management or control of the defendant and (iii) in the ordinary course of events, the accident would not have happened absent negligence on the part of the defendant. If the plaintiff is able to produce evidence establishing each element of the doctrine, the burden of proof shifts to the defendant who must demonstrate the absence of negligence.”

   1 later decision quote this exact passage
   e.g. 542 F. Supp. 2d 107 - Pepin v. Wal-Mart Stores, Inc.

3. “[p]laintiffs introduced no evidence to show that at the time of the accident a defect in the elevator existed which either defendant could have remedied by using due care”

   1 later decision quote this exact passage
   e.g. McDaid v. Aztec W. Condo. Ass'n