Maroules v. Jumbo, Inc.’s Empirical Analysis
452 F.3d 639 · 2006
Citation profile
8 federal appellate · 1 district · 1 state decisions
Relationships
Relies on Celotex Corporation v. Catrett H · Mayer v. Gary Partners & Co. · Valeria Smith v. Michael F. Sheahan, Sheriff of Cook County, in His Individual and Official Capacities Cook County Sheriff's Department and Ronald Gamble · Jean v. Dugan · McEwen v. Delta Air Lines, Inc.
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“When a thing which causes injury, without fault of the injured person, is shown to be under the exclusive control of the defendant, and the injury is such, as in the ordinary course of things, does not occur if the one having such control uses proper care, it affords reasonable evidence, in the absence of an explanation, that the injury arose from the defendant's want of care.”
2 later decisions quote this exact passage · from the majority“in some situations an occurrence is so unusual that, absent a reasonable justification, the person in control of the situation should be held responsible.”
2 later decisions quote this exact passage · from the majority“[t]o establish this inference of negligence, the plaintiff must demonstrate: (1) that the injuring instrumentality was within the exclusive management and control of the defendant, and (2) that the accident is of the type that does not ordinarily happen if those who have the management and control exercise proper care ... Once the plaintiff has met the burden of demonstrating the control and due care prongs of res ipsa loquitur, the doctrine operates to permit an inference of negligence based upon the circumstantial evidence.”
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.