Otis Engineering Corp. v. Clark’s Empirical Analysis
1983
Citation profile
30 federal appellate · 2 district · 204 state decisions
How this case has been cited
Cited by 261 later decisions — most recently May 2019 · most notably El Chico Corp. v. Poole (1987), Centeq Realty, Inc. v. Siegler (1995)
30 federal appellate · 2 district · 204 state decisions — followed in 15 states
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.
Appellate journey
reviewedthe decision below (from Texas Court of Appeals, 6th District (Texarkana))
Relationships
Relies on Ohio Bureau of Employment Services v. Hodory · 98 Wash. 2d 434 - Wilson v. Steinbach · Gussie Fox v. Dallas Hotel Co. · East Line & Red River Railroad v. Scott · Sanders v. Hercules Sheet Metal, Inc.
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 261 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“when, because of an employee’s incapacity, an employer exercises control over the employee, the employer has a duty to take such action as a reasonably prudent employer under the same or similar circumstances would take to prevent the employee from causing an unreasonable risk of harm to others.”
19 later decisions quote this exact passage“One who takes charge of a third person whom he knows or should know to be likely to cause bodily harm to others if not controlled is under a duty to exercise reasonable care to control the third person to prevent him from doing such harm.”
12 later decisions quote this exact passage“[FJactors which should be considered in determining whether the law should impose a duty are the risk, foreseeability, and likelihood of injury weighed against the social utility of the actor’s conduct, the magnitude of the burden of guarding against the injury and consequences of placing that burden on the [defendant],”
8 later decisions 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.