57 Cal. 2d 57 - Witt v. Jackson’s Empirical Analysis
1961
Citation profile
23 federal appellate · 15 district · 490 state decisions
How this case has been cited
Cited by 540 later decisions — most recently December 2016 · most notably 2 Cal. 4th 962 - Aubry v. Tri-City Hospital District (1992), 2 Cal. 4th 593 - DaFonte v. Up-Right, Inc. (1992)
23 federal appellate · 15 district · 490 state decisions — followed in 12 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Halcyon Lines v. Haenn Ship Ceiling & Refitting Corp. · Alarid v. Vanier · Maio v. Fahs · Baugh v. Rogers · 25 Cal. 2d 177 - People v. McCoy
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 540 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In the Brown case, supra (Brown v. Southern Ry. Co., 204 N.C. 668 , 169 S.E. 419 ), it was stated that ‘when the employee or his estate has been satisfied, and the employer seeks to recover the amount paid by him, from such third party, his hands ought not to have the blood of the dead or injured workman upon them, when he thus invokes the impartial powers and processes of the law.’ ( 169 S.E. at p. 420 ). The Lovette case, supra, (Lovette v. Lloyd, 236 N.C. 663 , 73 S.E.2d 886, 892 ) reiterated the same argument in more moderate language: ‘It is contrary to the policy of the law for the employer, or his subrogee, the insurance carrier, to profit by the wrong of the employer.’ ” 17 Cal.Rptr. at 377 , 366 P.2d at 649 .”
3 later decisions quote this exact passage · from the concurrence“"Thus, whether an action is brought by the employer or the employee, the third party tortfeasor should be able to invoke the concurrent negligence of the employer to defeat its right to reimbursement, since, in either event, the action is brought for the benefit of the employer to the extent that compensation benefits have been paid to the employee." 17 Cal. Rptr. at 377 , 366 P.2d at 649 (Quoted in Liberty Mutual Insurance Company v. Adams, supra, 91 Idaho at 156, 417 P.2d 417 .)”
3 later decisions quote this exact passage · from the concurrence““ * * * A negligent employer should be in no better position when, as here, the third party tostfeasor does not seek indemnity; to allow the employer reimbursement in either case would allow him to profit from his own wrong. Since, however, the injured employee may not be allowed double recovery, his damages must be reduced by the amount of workmen’s compensation he received.” Witt v. Jackson, supra, 57 Cal.2d at 73 , 17 Cal.Rptr. at 378 , 366 P.2d at 650 .”
3 later decisions quote this exact passage · from the concurrence
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.