Landry v. State’s Empirical Analysis

Citation profile

2 federal appellate · 76 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 80 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The unreasonable risk of harm criterion, however, is not a simple rule of law which may be applied mechanically to the facts of a case. It is a concept employed by this court to symbolize the judicial process required by the civil code. Since Articles 2317 and 2322 state general precepts and not detailed rules for all concrete cases, it becomes the interpreter's duty to decide which risks are encompassed by the codal obligations from the standpoint of justice and social utility.”

   10 later decisions quote this exact passage
   e.g. 671 So. 2d 399 - Green v. City of Thibodaux · Socorro v. Orleans Levee Bd.

2. “The facts and circumstances of the case before us pose an interesting contrast to Entrevia . The defect was a hole partially obscured by grass and located immediately beside the seawall in a spot where anyone stepping off the seawall would place their foot. The hole was located along lakefront property in the state's largest urban center. The lakefront has, since its opening, served as a recreation area which invites use by residents and tourists. A residential section is located across from Lakeshore Drive from the area of plaintiff's fall. The plaintiff was a recreational fisherman engaged in the conduct which he had every legal right to pursue. He was engaged in recreation which thousands of persons pursue along the same lakefront. The owner is a public body with taxing authority. The cost of any burden imposed by strict liability can be spread widely among the persons who enjoy the recreational pleasures of the lakefront. The potential for harm is great because the area is heavily used at all hours by adults and children. This particular defect is located in a spot where foot traffic would probably be frequent. The cost of prevention will not be substantial; a barricade will suffice to warn of the danger until the hole can be filled. [Emphasis added.]”

   2 later decisions quote this exact passage
   e.g. Socorro v. Orleans Levee Bd. · 619 So. 2d 719 - Moore v. St. Bernard Parish Police Jury

3. “As we noted in our previous opinion in this case, the Legislature has recently acted to limit the liability of the State and its political subdivisions for things which they own. Act 454 of 1985 (R.S. 9:2800) greatly limits the liability of the State and its political subdivisions as regards liability under La. Civil Code art. 2317. Since the statute changes the substantive law of Louisiana it applies prospectively. This case arose before the statute became effective, therefore the law is not relevant to our consideration.”

   2 later decisions quote this exact passage
   e.g. 579 So. 2d 931 - Socorro v. City of New Orleans · 737 So. 2d 14 - Jacobs v. City of Bunkie