Holmes v. Gamble’s Empirical Analysis
1982
Citation profile
26 state decisions
How this case has been cited
Cited by 27 later decisions — most recently October 2016 · most notably Schmidt v. St. Joseph's Hospital (1987), Ravin v. Gambrell, by and Through Eddy (1990)
26 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 Gossard v. Watson · Montgomery Elevator Co. v. Gordon · 38 Colo. App. 454 - Petrini v. Sidwell · 44 Colo. App. 515 - Zimmer Ex Rel. Zimmer v. Celebrities, Inc. · Holmes v. Gamble
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““For a case to be submitted to the jury on a theory of res ipsa loquitur, the circumstantial evidence of these three elements must be such that it is more likely that the event was caused by negligence than that it was not. Where the probabilities are at best evenly balanced between negligence and its absence, it becomes the duty of the court to direct a verdict for the defendant.””
2 later decisions quote this exact passage“evidence 'which, when viewed in a light most favorable to the plaintiff, establishes that the existence of each element of that doctrine is more probable than not' to establish a prima facie case of res ipsa loquitur.”
2 later decisions quote this exact passage““(1) ‘The event is the kind which ordinarily does not occur in the absence of negligence. “(2) ‘Other reasonable causes, including the conduct of the plaintiff and third persons, are sufficiently eliminated by the evidence, [and] “(3) ‘The indicated negligence is within the scope of the defendant’s duty to the plaintiff.’ ””
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.