Schueler v. Martin’s Empirical Analysis

Citation profile

1 district · 5 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “a governmental entity shall be exposed to liability for its negligent acts or omissions causing property damage, bodily injury or death in the following instances: (1)In its ownership, maintenance or use of any motor vehicle.... (2) In the construction, operation or maintenance of any public building .... (3) In the sudden and accidental discharge, ... of smoke ....”

   1 later decision quote this exact passage
   e.g. 987 F. Supp. 280 - Robinson v. Clemons

2. “An employee may be personally liable for acts or omissions causing property damage, bodily injury or death in instances in which the governmental entity is immune under this section, but only for those acts which were not within the scope of employment or which were performed with wanton negligence or willful and malicious intent.”

   1 later decision quote this exact passage
   e.g. 987 F. Supp. 280 - Robinson v. Clemons

3. “The legislative body is presumed to have inserted every provision for some useful purpose and construction, and when different terms are used in various parts of a statute it is reasonable to assume that a distinction between the terms was intended.”

   1 later decision quote this exact passage
   e.g. Evans v. State