Gardner v. Campbell’s Empirical Analysis
1988
Citation profile
6 state decisions
Relationships
Relies on Canter v. Koehring Company · Watson v. State Farm Fire and Cas. Ins. Co. · 418 So. 2d 493 - Kent v. Gulf States Utilities Co. · Entrevia v. Hood · 496 So. 2d 270 - Scott v. Hosp. Serv. Dist. No. 1
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In determining the percentages of fault, the trier of fact shall consider both the nature of the conduct of each party at fault and the extent of the causal relation between the conduct and the damages claimed, [quoting the Uniform Comparative Fault Act, § 2(b)] In assessing the nature of the conduct of the parties, various factors may influence the degree of fault assigned, including: (1) whether the conduct resulted from inadvertence or involved an awareness of the danger, (2) how great a risk was created by the conduct, (3) the significance of what was sought by the conduct, (4) the capacities of the actor, whether superior or inferior, and (5) any extenuating circumstances which might require the actor to proceed in haste, without proper thought. And, of course, as evidenced by concepts such as last clear chance, the relationship between the fault/negligent conduct and the harm to the plaintiff are considerations in determining the relative fault of the parties.”
1 later decision quote this exact passagee.g. Landry v. Doe
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.