Montell v. Orndorff’s Empirical Analysis
1960
Citation profile
52 state decisions
How this case has been cited
Cited by 52 later decisions — most recently April 2018 · most notably Mascarenas v. Kennedy (1964), Michael v. Bauman (1966)
52 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 Elsea v. Broome Furniture Co. · Gonzales v. Chino Copper Co. · Webb v. New Mexico Pub. Co. · Ogletree v. Jones · Walker v. Minnesota Steel Co.
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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“59-10-12.18. Total Disability. — As used in the Workmen’s Compensation Act [59-10-1 to 59-10-37], “total disability” means a condition whereby a workman, by reason of an injury arising out of, and in the course of, his employment, is wholly unable to perform the usual tasks in the work he was performing at the time of his injury, and is wholly unable to perform any work for which he is fitted by age, education, training, general physical and mental capacity, and previous work experience. 59-10-18.4. Compensation Benefits — Injury to Specific Body Members. — A. For disability resulting from an accidental injury to specific body members including the loss or loss of use thereof, the workman shall receive the weekly maximum and minimum compensation for disability as provided in section 59-10-18.2 NMSA 1953, . . .”
1 later decision quote this exact passage““ * * * Neither plaintiff nor Employer knew, of course, that epilepsy would result some five months after the injury alleged to have occurred February 12. Notice of the result to flow therefrom is excused where the employee had no-knowledge of the true seriousness and expert medical attention was necessary to-establish causal relation. * * * ””
1 later decision quote this exact passage“does not contemplate the payment of damages for accidental injuries, no matter how painful. It is only the disability or loss of earning power which results from the injuries that calls for compensation. So when the [A]ct speaks of the occurrence of injury it refers to compensable injuries, and these occur when disability appears.”
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.