Kennerly v. State’s Empirical Analysis
1990
Citation profile
2 state decisions
How this case has been cited
Cited by 3 later decisions — most recently July 2010
2 state decisions
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 McAllister v. Peerless Insurance · State Farm Mutual Automobile Insurance v. Johnson · Doe Ex Rel. Doe v. Cates · Pajewski v. Perry · Novellino v. Life Insurance Co. of North America
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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The doctrine of sovereign immunity is not favored in the law because its application tends to defeat claims and disputes on grounds other than the merits. Pajewski v. Perry, Del.Supr., 363 A.2d 429 (1976). The General Assembly’s adoption of 18 Del.C. § 6511, which provides that the defense of sovereign immunity “cannot and will not be asserted” as to risks or loss covered by “commercially procured insurance,” reflects a public policy that liability insurance purchased with public funds must be considered as a source for payment of claims against State agencies. Doe v. Cates, Del.Supr., 499 A.2d 1175, 1183 (1985). It may be that upon an enlarged record, or at trial, it can be demonstrated that the defense of sovereign immunity is valid because of the absence of liability insurance. On the present record, however, sufficient factual and legal doubt exists as to render inappropriate the grant of summary judgment based on that defense.”
1 later decision quote this exact passagee.g. Turnbull v. Fink
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.