Sweeney v. State’s Empirical Analysis
1989
Citation profile
8 state decisions
How this case has been cited
Cited by 8 later decisions — most recently October 2015
8 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 Monnig Dry Goods Co. v. King · 25 Tenn. App. 340 - City of Nashville v. Brown · Delk v. State · John Gerber Co. v. Smith · 19 Tenn. App. 144 - Winfree v. Coca-Cola Bottling Works of Lebanon
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Our statutes do not provide a definition of a dangerous condition, “on state maintained highways” for application in determining the State’s liability under T.C.A. § 9-8-307(J). In Holmes v. Christopher, 435 So.2d 1022 (La.App. 4th Cir.1983), the Court defined the duty of the State of Louisiana with regard to highway conditions and applied it to the Mississippi River Bridge Authority, one of the defendants in the case. We find it to be an appropriate delineation of the factors involved in determining whether a dangerous condition exists on state maintained highways applicable to cases brought under T.C.A. § 9-8-307(J). We quote as follows: The decision of whether a condition of a highway actually is a dangerous and hazardous one to an ordinary prudent driver is a factual one, and the court should consider the physical aspects of the roadway, the frequency of accidents at that place in the highway and the testimony of expert witnesses in arriving at this factual determination. Besnard v. Department of Highways, 381 So.2d 1303 (La.App. 4th Cir.1980), writ denied. 385 So.2d 1199 (La. 1980).”
3 later decisions quote this exact passage“The combination of a steep grade, sharp curve, inadequate signs, lack of other safety measures such as chevrons and/or guardrails, together with the inordinately high number of accidents at the situs established a dangerous condition within the meaning of T.C.A. § 9-8-307(a)(J). The 23 accidents after the reconstruction and prior to plaintiffs accident clearly provided the element of foreseeability of risk.”
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.