Johnson v. Rogers’s Empirical Analysis

Citation profile

1 federal appellate · 4 district · 22 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) If the actor unintentionally causes emotional distress to another, he is subject to liability to the other for resulting illness or bodily harm if the actor (a) should have realized that his conduct involved an unreasonable risk of causing the distress, otherwise than by knowledge of the harm or peril of a third person, and (b) from facts known to him should have realized that the distress, if it were caused, might result in illness or bodily harm. (2) The rule stated in Subsection (1) has no application to illness or bodily harm of another which is caused by emotional distress arising solely from harm or peril to a third person, unless the negligence of the actor has otherwise created an unreasonable risk of bodily harm to the other.”

   6 later decisions quote this exact passage
   e.g. Linda Hansen, Monte T. Hansen v. Sea Ray Boats, Inc., Monte C. Hansen, Linda K. Hansen, Monte T. Hansen, Duane Jess Humphries, Carol Ravarino, Richard Ravarino v. Sea Ray Boats, Inc., Brunswick Corp., a Delaware Corporation Southwest Marine, an Arizona Corporation Professional Mariner, a California Corporation Newmark Products, No. 94-4252 · Harnicher v. University of Utah Medical Center

2. “[w]e cannot permit every claim for negligent infliction of emotional distress to go to a jury under such varying standards as each trial judge may choose.”

   2 later decisions quote this exact passage
   e.g. Harnicher v. University of Utah Medical Center · White v. Blackburn

3. “Punitive damages can properly be awarded against a master or other principal because of an act by an agent if, but only ¾ (a)the principal or a managerial agent authorized the doing and the manner of the act, or (b) the agent was unfit and the principal or a managerial agent was reckless in employing or retaining him, or (c) the agent was employed in a managerial capacity and was acting in the scope of employment, or (d) the principal or a managerial agent of the principal ratified or approved the act.”

   1 later decision quote this exact passage
   e.g. Hodges v. Gibson Products Co.