76 Cal. App. 3d 567 - Gray v. Reeves’s Empirical Analysis
1977
Citation profile
2 federal appellate · 65 state decisions
How this case has been cited
Cited by 77 later decisions — most recently December 2017 · most notably 44 Cal. 3d 1103 - Jolly v. Eli Lilly & Co. (1988), 46 Cal. 3d 1092 - Leal v. Holy Spirit Ass'n for Unification of World Christianity (1988)
2 federal appellate · 65 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 11 Cal. 3d 1 - D'AMICO v. Board of Medical Examiners · 18 Cal. 3d 93 - Sanchez v. South Hoover Hospital · 10 Cal. 3d 874 - Whitfield v. Roth · 6 Cal. 2d 302 - Huysman v. Kirsch · 66 Cal. 2d 373 - R. D. Reeder Lathing Co. v. Allen
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 77 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Under the rule that the affidavits of the party opposing a motion for summary judgment are liberally construed [citations] it appears that plaintiff has presented sufficient competent evidence to present a triable issue of fact with respect to whether she sustained a physical injury in the subject incident. However, in view of plaintiff’s admissions in her deposition and answers to interrogatories that she had suffered no phys ical injury as a result of the incident, the rule of liberal construction loses its efficacy and the granting or denial of the motion for summary judgment depends upon the issues of credibility. Accordingly, when a defendant can establish his defense with the plaintiffs admissions sufficient to pass the strict construction test imposed on the moving party [citations], the credibility of the admissions are valued so highly that the controverting affidavits may be disregarded as irrelevant, inadmissible or evasive [citations]. “In D’Amico we find the following pertinent statements: ‘Moreover, when discovery has produced an admission or concession on the part of the party opposing summary judgment which demonstrates that there is no factual issue to be tried, certain of those stern requirements [i.e., strict construction of affidavits against moving party and liberal construction of counteraffidavits ] applicable in a normal case are relaxed or altered in their operation . ..’ (At p. 21.) ‘The reasons for this attitude toward the legitimate products of di”
1 later decision quote this exact passagee.g. Girard v. Ball“matter constructively within Gray's knowledge and he is chargeable with knowledge of that fact.”
1 later decision quote this exact passage“for injury to or for the death of one caused by the wrongful act or neglect of another....”
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.