Turnbough v. Ladner’s Empirical Analysis
1999
Citation profile
1 federal appellate · 7 state decisions
Relationships
Relies on Willard Van Dyke Productions, Inc. v. Eastman Kodak Co. · 394 So. 2d 1371 - State Farm Mut. Auto. Ins. Co. v. Scitzs · 586 So. 2d 799 - Leach v. Tingle · 459 So. 2d 783 - Pearl River Cty. Bd. v. South East Collections · MISS. ROAD SUPPLY CO. v. Zurich-American Ins. Co.
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The law does not look with favor on contracts intended to exculpate a party from the liability of his or her own negligence although, with some exceptions, they are enforceable. However, such agreements are subject to close judicial scrutiny and are not upheld unless the intention of the parties is expressed in clear and unmistakable language.”
2 later decisions quote this exact passage“Assuming [the student] was aware of the inherent risks in scuba diving, it does not reasonably follow that he, a student, intended to waive his right to recover from [the instructor] for failing to follow ... basic industry safety standards.”
1 later decision quote this exact passage“We do not sanction broad, general, 'waiver of negligence' provisions, and strictly construe them against the party asserting them as a defense.”
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.