Roger v. Dufrene’s Empirical Analysis

Citation profile

32 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Whether a party is liable for the act of a [tort-feasor] on the basis that the [tort-feasor] was the party's employee in the course and scope of employment depends upon the proof and assessment of several factors, including payment of wages by the employer, the employer's power of control, the employee's duty to perform the particular act, the time, place and purpose of the act in relation to service of the employer, the relationship between the employee's act and the employer's business, the benefits received by t[he] employer from the act, the motivation of the employee for performing the act, and the reasonable expectation of the employer that the employee would perform the act.”

   1 later decision quote this exact passage
   e.g. Medine v. Johnson

2. “[m]asters and employers are answerable for the damage occasioned by servants and overseers, in the exercise of the functions in which they are employed.”

   1 later decision quote this exact passage
   e.g. 583 So. 2d 114 - Urbeso v. Bryan