Ferry v. Fisher’s Empirical Analysis
1998
Citation profile
4 federal appellate · 27 state decisions
How this case has been cited
Cited by 37 later decisions — most recently March 2021 · most notably City of Philadelphia v. Beretta U.S.A. Corp. (2002), 2000 Pa. Super. 155 - Campo v. St. Luke's Hospital (2000)
4 federal appellate · 27 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 Wenrick v. Schloemann-Siemag Aktiengesellschaft · 413 Pa. Super. 308 - Pirozzi v. Penske Olds-Cadillac-GMC, Inc. · 324 Pa. Super. 384 - Timbrook v. Foremost Insurance · Engel v. Parkway Co. · Long v. Yingling
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]o establish a viable cause of action in negligence, the pleader must aver in his complaint the following elements: A duty, or obligation, recognized by the law, requiring the actor to conform to a certain standard of conduct, for the protection of others against unreasonable risks; A failure on the person’s part to conform to the standard required: a breach of the duty; A reasonably close causal connection between the conduct and the resulting injury; Actual loss or damage resulting to the interest of another.”
3 later decisions quote this exact passage“[i]t is negligence to permit a third person to use a thing or to engage in an activity which is under control of the actor, if the actor knows or should know that such person intends or is likely to use the thing or to conduct himself in the activity in such a manner as to create an unreasonable risk of harm to others.”
2 later decisions quote this exact passage“A JNOV can be entered upon two bases: (1) where the movant is entitled to judgment as a matter of law; and/or, (2) the evidence was such that no two reasonable minds could disagree that the verdict should have been rendered for the movant. When reviewing a trial court’s denial of a motion for JNOV, we must consider all of the evidence admitted to decide if there was sufficient competent evidence to sustain the verdict. In so doing, we must also view this evidence in the light most favorable to the verdict winner, giving the victorious party the benefit of every reasonable inference arising from the evidence and rejecting all unfavorable testimony and inference. Concerning any questions of law, our scope of review is plenary. Concerning questions of credibility and weight accorded the evidence at trial, we will not substitute our judgment for that of the finder of fact. If any basis exists upon which the [court] could have properly made its award, then we must affirm the trial court’s denial of the motion for JNOV. A JNOV should be entered only in a clear case.”
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.