Craig v. Driscoll’s Empirical Analysis

Citation profile

49 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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he plaintiff may claim alternative relief, based upon an alternative construction of the cause of action.”

   3 later decisions quote this exact passage · from the dissent
   e.g. 2002 Conn. Super. Ct. 4587 - Saindon v. Kellner, No. X01 Cv 01 0170558s (Apr. 16, 2002) · 2002 Conn. Super. Ct. 15505 - Heaven v. Timber Hill, No. Cv 02 0188007 (Dec. 6, 2002)

2. “Recklessness is a state of consciousness with reference to the consequences of one's acts . . . It is more than negligence, more than gross negligence . . . The state of mind amounting to recklessness may be inferred from conduct. But, in order to infer it, there must be something more than a failure to exercise a reasonable degree of watchfulness to avoid danger to others or to take reasonable precautions to avoid injury to them . . . Wanton misconduct is reckless misconduct . . . It is such conduct as indicates a reckless disregard of the just rights or safety of others or of the consequences of the action . . .”

   2 later decisions quote this exact passage · from the dissent
   e.g. 2002 Conn. Super. Ct. 14812 - Welcome v. Ouellette-Mcgregor, No. Cv 01-0811039 (Nov. 21, 2002) · 2003 Conn. Super. Ct. 2020 - Charlesworth v. Sbc Communications, No. Cv01 076399s (Feb. 3, 2003)

3. “While [the courts] have attempted to draw definitional distinctions between the terms wilful, wanton or reckless, in practice the three terms have been treated as meaning the same thing. . . . It is at least clear . . . that such aggravated negligence must be more than any mere mistake resulting from inexperience, excitement, or confusion, and more than mere thoughtlessness or inadvertence, or simply inattention.”

   2 later decisions quote this exact passage · from the dissent
   e.g. 2002 Conn. Super. Ct. 14812 - Welcome v. Ouellette-Mcgregor, No. Cv 01-0811039 (Nov. 21, 2002) · 2003 Conn. Super. Ct. 2020 - Charlesworth v. Sbc Communications, No. Cv01 076399s (Feb. 3, 2003)