Cornell v. Texaco, Inc.’s Empirical Analysis

Citation profile

40 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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In your verdict you must assess a percentage of fault to plaintiff whether or not defendants were partly at fault if you believe: First, plaintiff knew or by using ordinary care should have known that the plastic cap was missing from the top of the pool deck railing support post and as a result the pool deck railing support post was not reasonably safe, and Second, plaintiff unreasonably failed to appreciate the danger involved [sic] the use of the pool or the consequences thereof and unreasonably exposed herself to said danger, or plaintiff failed to undertake the precautions a reasonably careful user of the pool would take to protect herself against dangers which a reasonably careful user would reasonably appreciate under the same or similar circumstances, and Third, such failure directly caused or directly contributed to cause any damage plaintiff may have sustained.”

   1 later decision quote this exact passage
   e.g. Egelhoff v. Holt

2. “In your verdict you must assess a percentage of fault to defendant Robey Building Supply, Inc. whether or not plaintiff Gloria DeLaporte was partly at fault if you believe: First, defendant Robey Building Supply, Inc. created an obstruction by placing pieces of lumber and debris close to or on a public walkway and public street, and Second, that such obstruction was so close to or on a public sidewalk and public street that persons using the sidewalk and street in the exercise of ordinary care were exposed to a danger of falling, and Third, defendant Robey Building Supply, Inc. knew or should have known of such danger, and Fourth, defendant Robey Building Supply, Inc. failed to use ordinary care to barricade or remove the obstruction, and Fifth, as a direct result of such failure plaintiff Gloria DeLapote was injured.”

   1 later decision quote this exact passage
   e.g. Delaporte v. Robey Building Supply, Inc.

3. “[the] failure to raise the issue during trial or to request a modification may be considered in determining whether a variation from MAI is prejudicial. This is especially so when the court gives a text instruction in express terms and the deviation consists in a failure to modify it. If a defect is not readily apparent to alert counsel preparing to argue the case, there is very little likelihood that the jury will be confused or misled.” Id. at 71-72 .”

   1 later decision quote this exact passage
   e.g. Johnston v. Lerwick