Gotcher v. Metcalf’s Empirical Analysis
1970
Citation profile
8 state decisions
Relationships
Relies on 25 Cal. 2d 486 - Ybarra v. Spangard · 45 Cal. 2d 811 - Seneris v. Haas · 39 Cal. 2d 436 - Zentz v. Coca Cola Bottling Co. · Treber v. Superior Court · 56 Cal. 2d 466 - Faulk v. Soberanes
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If the evidence, or facts otherwise established, would support a res ipsa loquitur presumption and the defendant has introduced evidence which would support a finding that he was not negligent or that any negligence on his part was not a proximate cause of the occurrence, the court may, and upon request shall, instruct the jury to the effect that: [¶] (1) If the facts which would give rise to a res ipsa loquitur presumption are found or otherwise established, the jury may draw the inference from such facts that a proximate cause of the occurrence was some negligent conduct on the part of the defendant; and [¶] (2) The jury shall not find that a proximate cause of the occurrence was some negligent conduct on the part of the defendant unless the jury believes, after weighing all the evidence in the case and drawing such inferences therefrom as the jury believes are warranted, that it is more probable than not that the occurrence was caused by some negligent conduct on the part of the defendant.”
1 later decision quote this exact passage“[w]here it is equally probable that the negligence was that of someone other than the defendant the doctrine [of res ipsa loquitur] does not apply . . . .”
1 later decision quote this exact passage
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.