763 So. 2d 57 - Berg v. Zummo’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “in cases in which a bar has sold alcohol to an underage person, and the underage person has then been involved in a tort as a result of intoxication, the application of general negligence principles and the duty/risk analysis required that, before the bar can be held liable, it must be proven that (1) the bar failed to exercise the care of a reasonable person under the circumstances and (2) the bar committed some `affirmative act' which `increased the peril' posed by the minor's intoxication.”

   1 later decision quote this exact passage
   e.g. 786 So. 2d 708 - Berg v. Zummo

2. “[m]erely serving alcohol to an underage person who becomes intoxicated and causes injury to other or to himself is not an `affirmative act' which can result in liability to the bar.”

   1 later decision quote this exact passage
   e.g. 786 So. 2d 708 - Berg v. Zummo

3. “simply left The Boot in an ordinary way,”

   1 later decision quote this exact passage
   e.g. 786 So. 2d 708 - Berg v. Zummo