Davies v. Johnson Controls, Inc.’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In an action tried by the court without a jury, after the plaintiff has completed the presentation of his evidence, any party, without waiving his right to offer evidence in the event the motion is not granted, may move for a dismissal of the action as to him on the ground that upon the facts and law, the plaintiff has shown no right to relief. The court may then determine the facts and render judgment against the plaintiff and in favor of the moving party or may decline to render any judgment until the close of all the evidence.”

   3 later decisions quote this exact passage
   e.g. Autman v. Board of Supervisors · 888 So. 2d 385 - Gordon v. Century 21

2. “If the trier of fact finds the existence of the predicate fact, and there is no evidence controverting the fact to be inferred, the trier of fact is required to find the existence of the fact to be inferred. In this case, the predicate fact for the operation of the legal presumption is the onset of symptoms of the occupational disease within the initial twelve months of employment. The predicate fact is therefore undisputed in this case since [the claimant] was only ^employed for three months. The inference or presumption mandated by the legislature upon the establishment of the predicate fact is that [the claimant’s] CTS was not contracted in the course and scope of her employment ... but was contracted before the time- of her employment. The evidence necessary to controvert “the fact to be inferred” under C.E. art. 305 would therefore have to focus on [the claimant’s] work activities or life experiences before the time of [the claimant’s] employment.”

   2 later decisions quote this exact passage
   e.g. 181 So. 3d 956 - Loucious v. Crest Industries · 893 So. 2d 144 - Williams v. Saint Gobain Containers

3. “Any occupational disease contracted by an employee while performing work for a particular employer in which he has been engaged for less than twelve months shall be presumed not to have been contracted in the course of and arising out of such employment, provided, however, that any such occupational disease contracted within the twelve months' limitation as set out herein shall become compensable when the occupational disease shall have been proved to have been contracted during the course of the prior twelve months' employment by a preponderance of the evidence. [4]”

   2 later decisions quote this exact passage
   e.g. 873 So. 2d 923 - Johnson v. Johnson Controls, Inc. · 839 So. 2d 1208 - Ball v. Wendy's Intern., Inc.