Davis v. DIAMOND SHAMROCK REFINING’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The owner or custodian of a thing is answerable for damage occasioned by its ruin, vice, or defect, only upon a showing that he knew or, in the exercise of reasonable care, should have known of the ruin, vice, or defect which caused the damage, that the damage could have been prevented by the exercise of reasonable care, and that he failed to exercise such reasonable care. Nothing in this Article shall preclude the court from the application of the doctrine of res ipsa loquitur in an appropriate case.”

   5 later decisions quote this exact passage
   e.g. Frazier v. Bryant · 871 So. 2d 1222 - Woods v. City of New Orleans

2. “By adding La. C.C. art. 2317.1, the legislature added the element of knowledge, abrogating the application of strict liability to damage caused by defects in things in a person’s custody. Both theories, however, require proof that the defendant had custody of the thing causing the injury; that it contained a defect, that is, a condition creating an unreasonable risk of harm; and that the defective condition caused plaintiffs injury. Id. at 7 and at 1080-81.”

   2 later decisions quote this exact passage
   e.g. 840 So. 2d 20 - Reaux v. Deep South Equipment Co. · 792 So. 2d 808 - Yocom v. Gleason