Public-domain · open source
OpenJurist
← 451 NW2D 285 - MacKintosh v. Carter

MacKintosh v. Carter’s Empirical Analysis

1990

Citation profile

14
cited by 14 later decisions
2
states following
August 2003
most recently cited

14 state decisions

Relationships

Relies on Wilson v. Great Northern Railway Company · 332 Pa. Super. 48 - Bartanus v. Lis · Groseth International, Inc. v. Tenneco, Inc. · Pickering v. Pickering · Rosado, in Re Grand Jury Subpoena Served Upon

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. “(1) an act by defendant amounting to extreme and outrageous conduct; (2) intent on the part of the defendant to cause plaintiff severe emotional distress; (3) the defendant's conduct was the cause in-fact of plaintiff's injuries; and (4) the plaintiff suffered an extreme disabling emotional response to defendant's conduct.”
    2 later decisions quote this exact passage · from the majority
  2. “Summary judgment proceedings are not a substitute for trial and the remedy is authorized only when the movant is entitled to judgment as a matter of law because there are no issues of material fact. The moving party has the burden to clearly show that no genuine issues of material fact exist. The evidence must be viewed most favorably to the non-moving party and reasonable doubts should be resolved against the moving party. The non-moving party opposing a motion for summary judgment must present specific facts which demonstrate the existence of genuine, material issues for trial; mere allegations are not sufficient to preclude summary judgment. Finally, on appeal, affirmance of a summary judgment is proper if there exits any basis which would support the trial court’s ruling.”
    1 later decision quote this exact passage · from the majority
  3. “exceeding all bounds usually tolerated by decent society and which is of a nature especially calculated to cause, and does cause, mental distress of a very serious kind.”
    1 later decision quote this exact passage · from the majority

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.