EP v. McFadden’s Empirical Analysis
2000
Citation profile
3 state decisions
Relationships
Relies on 547 So. 2d 870 - West v. Founders Life Assur. Co. of Florida · 538 So. 2d 794 - Bass v. SOUTHTRUST BANK OF BALDWIN CTY. · Crowne Investments, Inc. v. Bryant · 499 So. 2d 1368 - Moye v. A.G. Gaston Motels, Inc. · Henley v. Pizitz Realty Co.
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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"I would affirm the summary judgment in all respects; therefore, I must respectfully dissent from that portion of the opinion reversing the summary judgment for the hospital on E.P.'s claims of assault and battery, negligent supervision, and breach of duty to a business invitee. I agree that McFadden's personnel file documents a history of problems at work; however, almost all of these problems involved disagreements with coworkers. McFadden's file also indicates that he is a competent nurse dedicated to superior patient care. Days before the molestation incident, McFadden did have a disagreement with an elderly patient. Allegedly, McFadden told her that she would get her medicine `when he saw fit.' When McFadden learned that the patient reported the incident, he allegedly returned to her room and threatened her. During the hospital's investigation of that incident, McFadden allegedly molested the child in this case. "The opinion concludes that McFadden's `history' made his alleged sexual molestation of E.P. foreseeable and, therefore, that the hospital can be held liable for his actions. I disagree. According to our supreme court, to impose liability on the hospital E.P. would have to establish (1) that the `particular criminal conduct [was] foreseeable;' (2) that `the defendant ... possessed "specialized knowledge" of the criminal activity;' and (3) that `the criminal conduct [was] a probability.' Carroll v. Shoney's, Inc., 775 So.2d 753 (Ala.2000) (emphasis added). In any ”
3 later decisions quote this exact passage · from the concurrence“this case presents extremely emotional issues,”
1 later decision quote this exact passage · from the concurrence
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.