Cox v. State’s Empirical Analysis
1992
Citation profile
9 state decisions
How this case has been cited
Cited by 9 later decisions — most recently June 2015
9 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.
Relationships
Relies on McClenahan v. Cooley · State v. Silva · Lowery v. . Manhattan Railway Co. · Williams v. State of New York · 46 Tenn. App. 539 - Shell Oil Company v. Blanks
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Claimant argues that the acts complained of are not discretionary functions. However, the State maintains that it has never asserted discretionary function immunity as a defense to this claim. The Commissioner found that “all actions complained of herein deal with discretionary duties of State employees for which such employees are immune from liability” and that “pursuant to [T.C.A. §] 9-8-307(d) the State may assert this common law immunity.” We agree that, under T.C.A. § 9-8-307(d), the State may assert the common law immunity which has developed in this State with regard to discretionary actions of State employees. See State ex rel. Robertson v. Farmers’ State Bank, 162 Tenn. 499 , 39 S.W.2d 281 (1931); Buckner v. Carlton, 623 S.W.2d 102 (Tenn.App.1981). In the recent case of Bowers ex rel. Bowers v. City of Chattanooga, 826 S.W.2d 427 (Tenn.1992), the Supreme Court adopted the “planning-operational test,” under which “decisions that rise to the level of planning or policy-making are considered discretionary acts which do not give rise to tort liability, while decisions that are merely operational are not considered discretionary acts and, therefore, do not give rise to immunity.” Id. at 430 . Because we affirm the findings of the Commissioner with regard to the issue of foreseeability, however, we find it unnecessary to determine whether the acts complained of were discretionary. This issue is pretermitted.”
1 later decision quote this exact passagee.g. Lucas v. State“We conclude that, similarly, T.CA,. § 9-8-807(a)(1)(E) authorizes the present Claimant to recover against the State for damages she sustained as a result of the State’s “[njegligent care, custody and control of persons.” We further conclude that this section imposes a duty upon the State independent of other statutes cited by the parties relative to the duties of State and county workhouses to prevent the escape of prisoners.”
1 later decision quote this exact passagee.g. Hembree v. State
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.