Mark v. Moser’s Empirical Analysis
2001
Citation profile
17 state decisions
How this case has been cited
Cited by 17 later decisions — most recently July 2021
17 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 3 Cal. 4th 296 - Knight v. Jewett · Marchetti v. Kalish · Jaworski v. Kiernan · Turcotte v. Fell · 31 Ill. App. 3d 212 - Nabozny v. Barnhill
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'whether the injury-causing event was an inherent or reasonably foreseeable part of the game'”
6 later decisions quote this exact passage“Our conclusion that a recklessness standard is the appropriate one to apply in the sports context is founded on more than a concern for a court’s ability to discern adequately what constitutes reasonable conduct under the highly varied circumstances of informal sports activity. The heightened standard will more likely result in affixing liability for conduct that is clearly unreasonable and unacceptable from the perspective of those engaged in the sport yet leaving free the supervision of the law the risk-laden conduct that is inherent in sports and more often than not assumed to be “part of the game.” One might well conclude that something is terribly wrong with a society in which the most commonly-accepted aspects of play—a traditional source of a community’s conviviality and cohesion—spurs litigation. The heightened recklessness standard recognizes a commonsense distinction between excessively harmful conduct and the more routine rough-and-tumble of sports that should occur freely on the playing fields and should not be second-guessed in courtrooms.”
1 later decision quote this exact passagee.g. Yoneda v. Tom“A player will be considered to have acted in reckless disregard of the safety of another player if “he does an act, or intentionally fails to do an act which it is his duty to the other to do, knowing or having reason to know of facts which would lead a reasonable person to realize, not only that his conduct creates an unreasonable risk of physical harm to another, but also that such risk is substantially greater than that which is necessary to make his conduct negligent.””
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.