Swanson v. McGraw’s Empirical Analysis

Citation profile

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

1. “[W]anton conduct lies somewhere between the mere unreasonable risk of harm in ordinary negligence and intent to harm.... The usual meaning assigned to “willful,” “wanton,” or “reckless,” accord ing to taste as to the word used, is that the actor has intentionally done- an act of an unreasonable character in disregard of a risk known to or so obvious that he must be taken to be aware of it, and so great as to make it highly probable that harm would follow.”

   2 later decisions quote this exact passage
   e.g. Walker v. Mlakar · Gerace v. 3-D Mfg. Co., Inc.

2. “gross negligence amounting to such lack of care as to amount to wanton neglect for the safety of another.”

   2 later decisions quote this exact passage
   e.g. Walker v. Mlakar · Henrich v. Lorenz

3. “under Iowa Code section 85.20: (1) knowledge of the peril to be apprehended; (2) knowledge that injury is a probable, as opposed to a possible, result of the danger; and (3) a conscious failure to avoid the peril. We have stringently maintained that an injured worker must prove all of the elements of the Thompson test in order to establish a coworker's”

   1 later decision quote this exact passage
   e.g. Walker v. Mlakar