450 Pa. Super. 112 - Welc v. Porter’s Empirical Analysis
1996
Citation profile
21
cited by 21 later decisions
3
states following
January 2008
most recently cited
2 district · 13 state decisions
Relationships
Relies on Scarpitti v. Weborg · Commonwealth v. Warenczuk · Ely v. Murphy · Rodgers Et Ux. v. Saxton · 12 Conn. App. 570 - Dennison v. Klotz
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In those jurisdictions which permitted recovery, all involved situations where the plaintiff pled or proved facts which clearly demonstrated that the passenger or defendant actively encouraged the driver to commit tortious conduct (emphasis added). See, e.g., ... Sanke v. Bechina, 216 Ill.App.3d 962, 964-65, 971 , 160 Ill.Dec. 258, 260-61, 264 , 576 N.E.2d 1212, 1214-15, 1218 [ (1991) ] (passenger’s encouragement that driver ignore a stop sign and exceed the posted speed limit fell squarely within the conduct contemplated by section 876); ... Price v. Halstead, 177 W.Va. 592, 597 , 355 S.E.2d 380, 389 (1987) (passenger’s conduct substantially assisted or encouraged the driver’s continued use of alcohol and drugs by providing these substances to him while he drove the vehicle). In comparison, liability has not been imposed in those jurisdictions where it was established that the passengers were merely companions who did nothing to substantially encourage or assist the driver in his or her voluntary consumption of alcohol and operation of the vehicle while intoxicated (emphasis added). See, e.g., Cully v. Bianca, 5 186 Cal.App.3d 1172, 1178 , 231 Ca[l].Rptr. 279, 282-83 (1986) (other than passengers’ accompaniment of driver after they obtained and drank tequila, the plaintiff pointed to no facts indicating substantial assistance and encouragement to the driver) ... Stock v. Fife, 13 Mass.App. 75 , 82 n. 10, 430 N.E.2d 845 , 849-50 n. 10, review denied, 385 Mass. 1103 , 441 N.E.”
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.