Baker v. Brinker’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Instruction 5-A The phrase “yield the right-of-way” as used in these instructions means a driver attempting to make a left turn into a driveway is required to yield when another vehicle is approaching from the opposite direction and the making of the left turn would create a traffic hazard. Instruction 10 You must assess a percentage of fault to plaintiff Patrick Herndon if you believe: First, plaintiff Patrick Herndon failed to yield the right-of-way, and Second, plaintiff Patrick Herndon was thereby negligent, and Third, such negligence of plaintiff Patrick Herndon directly caused or directly contributed to cause any damage plaintiff Patrick Herndon may have sustained. Instruction 16 You must assess a percentage of fault to plaintiff Patrick Herndon on the claim of Marie Herndon if you believe: First, plaintiff Patrick Herndon failed to yield the right-of-way, and Second, plaintiff Patrick Herndon was thereby negligent, and Third, such negligence of plaintiff Patrick Herndon directly caused or directly contributed to cause any damage plaintiff Marie Herndon may have sustained. Instruction 20 Your verdict must be for defendant Winton Albert and you must assess a percentage of fault to plaintiff Patrick Herndon if you believe: First, plaintiff Patrick Herndon failed to yield the right-of-way, and Second, plaintiff Patrick Herndon was thereby negligent, and Third, as a direct result of such negligence defendant Winton Albert sustained damage.”

   1 later decision quote this exact passage
   e.g. Herndon v. Albert