Konicki v. Lawrence’s Empirical Analysis

Citation profile

1 district · 4 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(1) It may be inferred that harm suffered by the plaintiff is caused by negligence of the defendant when (a) the event is of a kind which ordinarily does not occur in the absence of negligence; (b) other responsible causes, including the conduct of the plaintiff and third persons, are sufficiently eliminated by the evidence; and (e) the indicated negligence is within the scope of the defendant’s duty to the plaintiff. “(2) It is the function of the court to determine whether the inference may reasonably be drawn by the jury, or whether it must necessarily be drawn. “(3) It is the function of the jury to determine whether the inference is to be drawn in any case where different conclusions may reasonably be reached.””

   1 later decision quote this exact passage
   e.g. Errico v. LaMountain

2. “Res ipsa loquitur is not a rule of either procedural or substantive tort law, but only ... a rule of evidence.”

   1 later decision quote this exact passage
   e.g. Chapman, MD v. Harner