Mahlum v. Baker’s Empirical Analysis

Citation profile

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

1. “of the automobile is an essential ingredient of the duty breached by the parents should be tempered by”

   2 later decisions quote this exact passage
   e.g. 713 So. 2d 770 - Gedward v. Sonnier · 914 So. 2d 100 - Otwell v. State Farm Fire and Cas. Co.

2. “A. (1) The plaintiff or defendant in the principal or any incidental action, with or without supporting affidavits, may move for a summary judgment in his favor for all or part of the relief for which he has prayed. The plaintiff's motion may be made at any time after the answer has been filed. The defendant's motion may be made at any time. (2) The summary judgment procedure is designed to secure the just, speedy, and inexpensive determination of every action, except those disallowed by Article 969. The procedure is favored and shall be construed to accomplish these ends. * * * C. (1) After adequate discovery or after a case is set for trial, a motion which shows that there is no genuine issue as to material fact and that the mover is entitled to judgment as a matter of law shall be granted. (2) The burden of proof remains with the movant. However, if the movant will not bear the burden of proof at trial on the matter that is before the court on the motion for summary judgment, the movant's burden on the motion does not require him to negate all essential elements of the adverse party's claim, action, or defense, but rather to point out to the court that there is an absence of factual support for one or more elements essential to the adverse party's claim, action, or defense. Thereafter, if the adverse party fails to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial, there is no genuine issue of material ”

   1 later decision quote this exact passage
   e.g. 914 So. 2d 100 - Otwell v. State Farm Fire and Cas. Co.

3. “In declaratory action by insureds against insurer, the court held that allegations in original tort suit that insureds were negligent in the supervision of children set forth a breach of duty independent of the use of the vehicles. Therefore, the insurer whose policy excluded liability arising out of the use of such recreational vehicles, was obligated to defend the insureds. The court's reliance on Frazier and LeJeune in reaching this conclusion was misplaced. The child being supervised by the insureds in Frazier was not using the automobile. The child's only relationship to the auto was being struck by it. In Smith, the children were using the recreational vehicles and any breach of duty by the insured clearly arose solely out of their failure to supervise such use. Use of the vehicle was essential to the theory of liability. Likewise, the duty breached by the sheriff in LeJeune related to stopping traffic on an intersecting highway, not to the use of his police vehicle. Thus, the duty to protect the intersection existed independently of any duty with respect to the use of a police vehicle. In Smith, however, the only relevant duty allegedly breached by the insureds was their failure to supervise children who were actually using the vehicle. Such duty is analogous to the negligent entrustment discussed in Picou in which the Supreme Court found that the breach arose out of use because the vehicle was essential to the theory of liability.”

   1 later decision quote this exact passage
   e.g. 713 So. 2d 770 - Gedward v. Sonnier