Roter v. Terror Mining Co.’s Empirical Analysis
1992
Citation profile
1
cited by 1 later decisions
1
states following
January 1994
most recently cited
1 state decisions
Relationships
Relies on Jones v. Dressel · Pettingell v. Moede · Horton v. Reaves · Trevarton v. Trevarton · Schlessinger v. Schlessinger Ex Rel. Schlessinger
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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The record discloses that the [Roter children] alleged, both in their complaint and in their submissions in opposition to summary judgment, a number of undisputed circumstances in support of their position that Roter’s conduct went beyond simple negligence and constituted willful and wanton misconduct. Specifically, [they] cited their young age ..., their unrestrained position in the open rear bed of the Uni-mog, together with the fact that it was not designed to carry persons. They [also] note the danger resulting from their proximity to the insecurely fastened counterweight and the steep grade of the road being traveled. They likewise point out that, because of their positions relative to that of Roter while operating the machine, he could not get to them in case of an emergency.”
1 later decision quote this exact passage“discloses undisputed evidence in support of [the Roter children’s] position that they were injured during [Dr.] Roter’s exercise of his corporate duties. In this regard, [the Roter children] cite [Dr.] Roter’s status as the sole shareholder of the corporation and his being the only authorized driver of the Unimog, which Roter had acknowledged was mostly used on the corporation’s mining property. [The Roter children] bolster their position with [Dr.] Ro-ter’s admission that he was using the Uni-mog the day of the accident “in the furtherance of the corporation’s business.””
1 later decision quote this exact passage“discloses undisputed evidence ... sufficient to support a reasonable factual inference that [the Roter children] were indeed, injured, as in Trevarton v. Trevarton, while their parent was engaged in acts of his corporation or of his employment by the corporation ... a genuine issue of fact has been raised and summary judgment must be denied.”
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.