Ensor v. Hodgeson’s Empirical Analysis

Citation profile

4 federal appellate · 9 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In the light most favorable to the defendants, defendants’ expert’s testimony tended to discount the key ring theory of the problem and tended to show that Chris Ensor ... knew that his cycle was prone to “cut out” while running on the highway, and there is evidence from which a jury could reasonably infer that he knew the problem had not been remedied. This is sufficient to support a contributory fault instruction. [[Image here]] [KJnowledge of the precise engineering explanation of the defect is not necessary. It is sufficient that the user realizes that there is a problem with the product that renders it dangerous to use. Certainly, it is reasonable to infer that Chris Ensor, a sixteen year old of at least normal intelligence, was aware that he would be in a dangerous situation if his motorcycle stalled on the highway.”

   1 later decision quote this exact passage
   e.g. Strang v. Deere & Co.