Braden v. Varnell’s Empirical Analysis
1991
Citation profile
1 state decisions
Relationships
Relies on 47 Tenn. App. 438 - General Motors Corporation v. Dodson · Austin v. City of Memphis · Roberts v. Marsh · Guess v. Maury · Della Blackwell v. Regal Cab Company, Yurrissan Carter v. Regal Cab Company, Raoul D. Carter v. Regal Cab Company
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.
“As to the last issue, counsel for Mr. Braden insists that sudden emergency is an affirmative defense and Rule 8.03 of the Tennessee Rules of Civil Procedure requires that it be specifically pleaded. Counsel concedes there is a split of authority in other jurisdictions regarding the question. We are inclined to believe that the doctrine is not an affirmative defense because the defenses enumerated in the Rule seek to avoid liability even though a party might otherwise be liable. Under the sudden emergency doctrine a party is guilty of no negligence because of the emergency, and thus there is nothing to avoid.”
1 later decision quote this exact passagee.g. Whitaker v. Harmon
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.