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← 694 So. 2d 1302 - Defoor v. Evesque

694 So. 2d 1302 - Defoor v. Evesque’s Empirical Analysis

1997

Citation profile

9
cited by 9 later decisions
2
states following
September 2006
most recently cited

9 state decisions

Relationships

Relies on Nance by and Through Nance v. Matthews · 613 So. 2d 359 - Wilma Corp. v. Fleming Foods of Alabama · 555 So. 2d 81 - Phillips v. Thomas · Barnes v. Dale · Alabama Power Company v. Smith

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

  1. “As a general rule, . . . discretionary functions are characterized by planning tasks, and policy-level decision-making. McDuffie [v. Roscoe], 679 So.2d [641] at 643 [(Ala. 1996)]. Ministerial functions, on the other hand, are characterized by operational tasks and minor decision-making.”
    2 later decisions quote this exact passage
  2. “An employee may, however, be transferred from his general employer to a `borrower' with respect to particular work to be done for that borrower and thus can subject the borrower to liability for certain of the employee's acts.”
    1 later decision quote this exact passage
  3. “Qualified immunity shields a State employee from liability if the employee is engaged in a discretionary function, instead of a ministerial one, when the alleged [tort] occurs.”
    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.