79 Ill. 2d 324 - Bauer v. Johnson’s Empirical Analysis

Citation profile

4 federal appellate · 30 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In sum, a plaintiff passenger in a vehicle will be barred from recovery if the negligence of the driver is a legally contributing cause of harm and if the plaintiff was negligent in failing to control the conduct of the driver. The passenger’s ownership of the car is relevant only insofar as it is a circumstance which gives the passenger reason to believe that his or her advice, directions or warnings would be heeded. (Restatement (Second) of Torts sec. 495, comment e (1965).) But no passenger has a duty to keep a lookout or to control the driver unless the plaintiff knows or should know that such actions are essential to his or her safety. Restatement (Second) of Torts sec. 495, comments c and d (1965).” 79 Ill. 2d 324, 332 .”

   2 later decisions quote this exact passage · from the majority
   e.g. 96 Ill. App. 3d 477 - Trillet v. Bachman · 241 Ill. App. 3d 177 - Seeger v. Canale

2. “"[W]ith the advent of the modern automobile there is no longer any basis for assuming that the passenger, no matter what his relationship to the driver may be, has the capacity to assert control over or direct the operation of a moving automobile. The design of the vehicle, the high speeds at which it travels, the split second timing which is often necessary to avoid collision have all combined to erode the assumption that anyone other than the driver can effectively control the operation of the vehicle in traffic. In fact, under modern driving conditions anyone who `allows another to drive would only increase the risk of accidents by interfering with the driver's control of the car or by diverting his attention' [citation]."”

   2 later decisions quote this exact passage · from the majority
   e.g. 215 Ill. App. 3d 396 - Universal Underwriters Insurance Ex Rel. Manley Ford, Inc. v. Long · 103 Ill. App. 3d 1038 - Newlin v. Foresman