Menson v. Taylor’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Characterized by, or involving, malice; having, or done with, wicked or mischievous intentions or motives; wrongful and done intentionally without just cause or excuse. See also Malice; Willful.””

   2 later decisions quote this exact passage
   e.g. 893 So. 2d 227 - Allen v. Thomson Newspapers, Inc. · 976 So. 2d 246 - Tsilimos v. GULF MARINE AND INDUS. SUPPLIES

2. “There are two exceptions to this rule. The first is for injuries occasioned by the intentional act of the fellow employee. The second exception involves injuries that occur outside the course and scope of the employment. Thus, although La. R.S. 23:1032 provides for tort immunity to a co-employee of an injured employee, an employee may seek tort recovery from a co-employee who willfully caused the employee's injuries, or who was not engaged in the normal course and scope of his employment at the time of the injury. [Citations omitted] The course of employment test refers to time and place, while the scope of employment test examines the employment related risk of injury.”

   1 later decision quote this exact passage
   e.g. 887 So. 2d 490 - Jewell v. Haire

3. “a. bodily injury or property damage: (1) which is either expected or intended by an insured; or (2) to any person or property which is the result of willful and malicious acts of an insured.”

   1 later decision quote this exact passage
   e.g. 976 So. 2d 246 - Tsilimos v. GULF MARINE AND INDUS. SUPPLIES