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← 864 So. 2d 780 - Lee v. Davis

864 So. 2d 780 - Lee v. Davis’s Empirical Analysis

2003

Citation profile

6
cited by 6 later decisions
2
states following
September 2014
most recently cited

6 state decisions

Relationships

Relies on Hickman Ex Rel. Iles v. Southern Pacific Transport Co. · 812 So. 2d 81 - Anderson v. May · Crump v. Ritter · Evans v. Olinde · Crump v. Ritter

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

  1. “A good definition of the sudden emergency doctrine was given in Hickman v. Southern Pac. Transport Co., 262 La. 102 , 262 So.2d 385, 389 (1972), as follows: One who suddenly finds himself in a position of imminent peril, without sufficient time to consider and weigh all the circumstances or best means that may be adopted to avoid an impending danger, is not guilty of negligence if he fails to adopt what subsequently and upon reflection may appear to have been a better method, unless the emergency in which he finds himself is brought about by his own negligence.”
    2 later decisions quote this exact passage
  2. “The sudden emergency doctrine is applicable to the standard of conduct after an emergency has arisen. The rule of sudden emergency cannot be invoked by one who has not used due care to avoid the emergency. It does not apply to lower the standard of care required of motorists before the emergency occurs.”
    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.