Holmes v. Gamble’s Empirical Analysis

Citation profile

1 district · 13 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Hlere, it cannot be inferred from the injury itself that it could not have occurred without negligence on the part of the defendants; thus, expert testimony on that issue is necessary before the doctrine of res ipsa loquitur can be applied.”

   2 later decisions quote this exact passage
   e.g. Sides v. St. Anthony's Medical Center · Harner v. Chapman

2. “Whether the circumstantial evidence warrants the inference that it is more probable that defendants’ negligence caused the injury, so that the doctrine of res ipsa loquitur is applicable in the first instance, is a question of law for the trial court. Zimmer v. Celebrities, Inc., 44 Colo.App. 515, 615 P.2d 76 (1980). Here, the trial court concluded that plaintiff had failed to establish by a preponderance of the evidence that the injury was an event of the kind which ordinarily does not occur in the absence of negligence, and that other responsible causes, including the conduct of the plaintiff and third person [sic], were not sufficiently eliminated by the evidence.”

   1 later decision quote this exact passage
   e.g. Holmes v. Gamble

3. “The general rule is that negligence must be proved, and will never be presumed. The mere fact that an accident or any injury has occurred with nothing more is not evidence of negligence on the part of anyone.”

   1 later decision quote this exact passage
   e.g. Anderson v. Glismann