448 F. Supp. 2d 351 - Gray v. Derderian’s Empirical Analysis

Citation profile

2 district · 1 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. “"it is not at all clear that the theory of § 323 has been adopted in Rhode Island. It is true that '[e]ven one who assumes to act gratuitously, may become subject to the duty of acting carefully if he acts at all.’ Davis v. New England Pest Control Co., 576 A.2d 1240, 1242 (R.I.1990). This statement, however, simply sets forth a particular situation in which a legal duty may be imposed. It does not extend to an adoption of the relaxed approach to problems of proximate cause which § 323 appears to dictate. [The plaintiff] cites no case in which the Rhode Island Supreme Court has substituted notions of reliance and/or increased harm for traditional rules of proximate cause, and this Court seriously doubts that such a case is forthcoming.” Travelers Insurance Co. v. Priority Business Forms, Inc., 11 F.Supp.2d 194, 202 (D.R.I.1998).”

   1 later decision quote this exact passage
   e.g. Gushlaw v. Milner

2. “Applying these principles to the case sub judice, it is apparent that Essex did not undertake to provide a service to any other individual or entity. Essex cannot be found to have engaged in an undertaking for the intended benefit of The Station owners or patrons simply because Michael Derderian may have known about relied on, and even benefited from the inspections of The Station premises. Furthermore there is no allegation in the Complaint that Essex ever undertook to perform the inspections for the benefit of The Station owners or patrons. Therefore, even if Restatement (Second) of Torts § 324A is considered to be the law in Rhode Island, Plaintiffs’ claims still fail. In short, § 324a is clearly inapplicable to this case.”

   1 later decision quote this exact passage
   e.g. 464 F. Supp. 2d 105 - Gray v. Derderian

3. “Plaintiffs do not allege that Essex, through its agents, conducted the inspections for the benefit of possible future patrons of the nightclub or even the owners of the club. Instead, it is clear that Essex performed the inspections of The Station premises for its own benefit to evaluate the risks, determine the amount of insurance to issue and what premiums to charge. Essex could not have anticipated that its inspection would create a risk of harm toward any member of the general public, including any unidentifiable future patron of The Station. Therefore, Essex had neither a duty to inspect the premises, nor a duty to inspect in any particular manner.”

   1 later decision quote this exact passage
   e.g. 464 F. Supp. 2d 105 - Gray v. Derderian