Smith v. Holley’s Empirical Analysis
1992
Citation profile
2 federal appellate · 21 state decisions
How this case has been cited
Cited by 30 later decisions — most recently November 2016 · most notably Wheeler v. Miller (1999), Pratt-Shaw v. Pilgrim's Pride Corp. (2004)
2 federal appellate · 21 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Appellate journey
reviewedthe decision below (from Texas 131st Judicial District Court)
Relationships
Relies on United Families of America v. Kendrick · United Families of America v. Kendrick · Duncan v. Cessna Aircraft Co. · Evans v. Jeff D. · Maryland Casualty Co. v. Sosa
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Concerning intentional conduct, ... it is universally held that in the right circumstances one can consent to certain actions that otherwise would be intentional torts. This is true of defamation, surgical procedures, trespass to land, sporting events that involve physical contact, and a host of other acts that would be tortious in the absence of consent. See generally PROSSER & KEETON ON TORTS § 18 (consent as defense to intentional torts). Moreover, even when an act is a criminal offense, consent can bar a tort suit, though not a criminal prosecution. With certain exceptions not involved here, "consent is effective to bar recovery in a tort action although the conduct consented to is a crime." RESTATEMENT (2ND) OF TORTS § 892C (1979).”
4 later decisions quote this exact passage“I hereby release any individual, including record custodians, from any and all liability for damages of whatever kind or nature which may at any time result to me on account of compliance, or any attempts to comply, with this authorization.”
2 later decisions quote this exact passage“consent is effective to bar recovery in a tort action although the conduct consented to is a crime.”
1 later decision quote this exact passage
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.