Volpe v. Gallagher’s Empirical Analysis

Citation profile

1 federal appellate · 24 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““allow one or more persons to use their land or personal property, they are, if present, under a conditional duty to exercise reasonable care to control the conduct of such users to prevent them from intentionally harming others or from conducting themselves on the possessors’ property in a manner that would create an unreasonable risk of bodily harm to others.” Volpe, 821 A.2d at 706 (citing Restatement (Second) Torts, § 318 at 126-27).”

   2 later decisions quote this exact passage
   e.g. Adam Correia v. John Bettencourt v. James Martitz · Stephanie Flynn v. Nickerson Community Center

2. “(a) knows or has reason to know that he has the ability to control the third person, and”

   2 later decisions quote this exact passage · from the dissent
   e.g. Adam Correia v. John Bettencourt v. James Martitz · Gushlaw v. Milner

3. ““[I]f a possessor of land knows or should know that a condition or activity upon her property is unreasonably dangerous, but [he or] she nonetheless fails to take action to rectify that condition or aetivity within a reasonable time after discovering its existence, [he or] she is liable to innocent individuals outside of the land who are harmed as a result of that condition or activity.” Volpe, 821 A.2d at 712 (citing Restatement (Second) Torts § 364 at 259-60 and § 371 at 275 (1965)).”

   1 later decision quote this exact passage
   e.g. Kimberly S. Phelps v. Gregory Hebert