Jackson Ex Rel. Jackson v. Ray Kruse Construction Co.’s Empirical Analysis

Citation profile

25 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Your verdict must [be] for Plaintiff Terry Gregg, if you believe: First, the first step down from the top was unstable and loose so that when weight was placed upon it, it would rock forward, and as a result the stairway was not reasonably safe, and Second, Defendants Stanley Erb and John Jabouri doing business as Starling Plaza Partnership knew, or by using ordinary care could have known, of this condition, and Third, Defendants failed to use ordinary care to make the stairway reasonably safe, and Fourth, as a direct result of such failure, Plaintiff Terry Gregg was injured.”

   1 later decision quote this exact passage
   e.g. Gregg v. Erb

2. “doubtful” causation, akin to a case involving a public swimming pool in which a child drowns while the lifeguard is absent. It is extremely difficult to prove that the drowning would not have occurred if the lifeguard had been present, but it would certainly be reasonable for a jury to conclude that the presence of a lifeguard would make the chances of rescue”

   1 later decision quote this exact passage
   e.g. Baker v. Eckelkamp

3. “Third, such negligence directly caused or directly contributed to cause damage to plaintiff. Third, such negligence either directly caused damage to plaintiff or combined with the [acts of {here describe another causing damage) ] [condition of the {here describe product)] to directly cause damage to plaintiff.”

   1 later decision quote this exact passage
   e.g. Hagen v. Celotex Corp.