Johnson v. Teal’s Empirical Analysis
1991
Citation profile
2 federal appellate · 2 state decisions
Relationships
Applies 28 U.S.C. § 1404
Relies on Erie Co v. Tompkins · Van Dusen v. Barrack · Commissioner of Internal Revenue v. Estate J Bosch Second National Bank of New Haven · Bernhardt v. Polygraphic Co. of America, Inc. · O’Callahan v. Parker, Warden
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Nothing in the Virginia cases supports defendant’s claim that the fireman’s rule is avoided in cases of so-called gross negligence .... The concept of “undue risk” does not refer to the level or degree of negligence, but rather to the nature of the risk. If the risk is inherent in the officer’s duties, it is assumed by the officer and the rule applies.”
1 later decision quote this exact passage · from the majoritye.g. Morris v. Morris“When it is contended that a defendant’s negligence subjects the officer to an undue risk, not inherently involved in the normal pursuit of his duties, the issue of the officer’s assumption of the risk becomes one of fact for the jury rather than a matter of law.”
1 later decision quote this exact passage · from the majoritye.g. Morris v. Morris“injuries [ ] caused by the independent negligence of a third person”); Sutton v. Shufelberger, 31 Wash.App. 579 , 643 P.2d 920 , 926 (1982) (Fireman’s Rule does not apply to”
1 later decision quote this exact passage · from the majoritye.g. White v. Edmond
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.