Lewallen v. Slawson’s Empirical Analysis

Citation profile

35 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.”

   5 later decisions quote this exact passage
   e.g. Methodist Hosp. of Hattiesburg, Inc. v. Richardson · 878 So. 2d 1082 - Thornton v. WE Blain & Sons, Inc.

2. “The presence of fact issues in the record does not per se entitle a party to avoid summary judgment.”

   2 later decisions quote this exact passage
   e.g. 943 So. 2d 729 - Stewart v. Lofton Timber Co., LLC · 892 So. 2d 837 - Dunston v. Mississippi Dept. of Marine Res.

3. “Lewallen acknowledges that § 71-3-9 provides that workers' compensation benefits shall be the exclusive remedy for an employee in most circumstances, and further recognizes that this Court has held that this provision extends to protect co-employees. Lewallen, however, cites to Miller v. McRae's, Inc., 444 So.2d 368 , 371-72 (Miss. 1984) and its progeny for an exception to the exclusivity provision. There are two elements necessary for an injured employee to avoid the Mississippi workers' compensation exclusive liability provision: (1) the injury must have been caused by the willful act of another employee acting in the course of employment and in the furtherance of the employee's business, and (2) the injury must be one that is not compensable under the Act. If both of these elements are met, then it is appropriate to pursue a claim outside of the confines of the statute. Otherwise, the claimant is only entitled to the compensation provided under the statute.”

   1 later decision quote this exact passage
   e.g. 907 So. 2d 286 - Christian v. McDonald