Wemyss v. Coleman’s Empirical Analysis
1987
Citation profile
1 federal appellate · 25 state decisions
How this case has been cited
Cited by 27 later decisions — most recently December 2015 · most notably Waterson v. General Motors Corp. (1988), Stringer v. Commonwealth (1997)
1 federal appellate · 25 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 Hilen v. Hays · Nichols Ex Rel. Nichols v. Union Underwear Co. · Gas Service Co., Inc. v. City of London · Blair v. Eblen · Stone v. Graham
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The “general duty,” breach of which gives rise to liability, is the duty to exercise ordinary care, and properly drafted instructions utilize “specific duties” as imposed by statutes only as amplification of the “general duty,” and not as the source of such duty. Where there is a statutory duty, the usual in struction, after explaining the general duty, will then specify that such general duty “includes” certain enumerated specific duties. See illustrative instructions in Palmore, Kentucky Instructions to Juries, Vol. 2, Chapter 16, Automobiles.”
2 later decisions quote this exact passage““... basic legal premise that the tort-feasor takes the claimant as he finds him and is entitled to neither credit nor setoff against the amount of the claimant’s damages because of preexisting physical conditions which make the claimant more susceptible to injury, or to greater injury, than would have been the case with better health.””
2 later decisions quote this exact passage“[I]f the defendant introduces relevant and competent evidence from which it can be reasonably inferred: (1) that the claimant’s failure to utilize an available seat belt was contributory fault in the circumstances of the case, and (2) that such contributory fault, if any, was a substantial factor contributing to cause or enhance the claimant’s injuries, the defendant is entitled to have the question of contributory fault submitted to the jury in conformity with the principles set out in the Uniform Comparative Fault Act.”
1 later decision quote this exact passagee.g. Geyer v. Mankin
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.