Smith v. Sewell’s Empirical Analysis
1993
Citation profile
3 federal appellate · 43 state decisions
How this case has been cited
Cited by 51 later decisions — most recently July 2019 · most notably Fitzgerald v. Advanced Spine Fixation Systems, Inc. (1999), St. Luke's Episcopal Hospital v. Agbor (1997)
3 federal appellate · 43 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 Court of Appeals, 5th District (Dallas))
Relationships
Relies on El Chico Corp. v. Poole · Greater Houston Transportation Co. v. Phillips · Langle v. Kurkul · Buchanan v. Rose · Satterfield v. Satterfield
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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(b) Providing, selling, or serving an alcoholic beverage may be made the basis of a statutory cause of action ... upon proof that: (1) at the time the provision occurred it was apparent to the provider that the individual being sold, served, or provided with an alcoholic beverage was obviously intoxicated to the extent that he presented a clear danger to himself and others; and (2) the intoxication of the recipient of the alcoholic beverage was a proximate cause of the damages suffered.”
5 later decisions quote this exact passage“obviously intoxicated to the extent that he presented a clear danger to himself and others.”
3 later decisions quote this exact passage“creat[ing] a liability unknown to the common law ... will be strictly construed.”
3 later decisions 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.