Gutierrez v. Cassiar Mining Corp.’s Empirical Analysis
1998
Citation profile
8 state decisions
How this case has been cited
Cited by 13 later decisions — most recently March 2015
8 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 8 Cal. 4th 548 - Soule v. General Motors Corp. · 3 Cal. 3d 875 - Foreman & Clark Corp. v. Fallon · 6 Cal. 4th 965 - Potter v. Firestone Tire & Rubber Co. · 41 Cal. 3d 564 - Ballard v. Uribe · 24 Cal. 2d 81 - Lawless v. Calaway
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.
“[E]ven if a defendant negligently exposes a smoker to toxins that significantly increase the smoker's risk of cancer, that defendant is not liable for reasonably certain future medical monitoring costs unless the recommended monitoring calls for tests or examinations that are in addition to or different from the type of monitoring that the smoker should prudently undertake regardless of the subsequent toxic exposure. However, if additional or different tests and examinations are necessitated as a result of the toxic exposure caused by the defendant, then the defendant bears full responsibility for their costs. The costs of additional or different monitoring made necessary by the defendant's conduct should not have to be shared by the plaintiff since the plaintiff already remains responsible for any monitoring that is shown to be medically advisable due solely to his or her smoking or other preexisting condition.”
1 later decision quote this exact passage“One function of an offer at trial is to provide a reviewing court with the means of assessing prejudice from any error [citation], thus enabling a party challenging the judgment to meet its burden of affirmatively showing reversible error by an adequate record [citation].”
1 later decision quote this exact passage“Nothing in this record properly shows, beyond surmise, what [the excluded witnesses] would have said.”
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.