Perez v. McConkey’s Empirical Analysis
1994
Citation profile
1 federal appellate · 33 state decisions
How this case has been cited
Cited by 35 later decisions — most recently January 2019 · most notably Staples v. CBL & Associates, Inc. (2000), Eaton v. McLain (1994)
1 federal appellate · 33 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 Tiller v. Atlantic Coast Line Railroad · 3 Cal. 4th 296 - Knight v. Jewett · Scott v. Rizzo · Farley v. MM Cattle Company · Anderson v. Ceccardi
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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he reasonableness of a party’s conduct in confronting a risk should be determined under the principles of comparative fault. Attention should be focused on whether a reasonably prudent person in the exercise of due care knew of the risk, or should have known of it, and thereafter confronted the risk; and whether such a person would have behaved in the manner in which the plaintiff acted in light of all the surrounding circumstances, including the confronted risk.”
3 later decisions quote this exact passage · from the majority“The servant on entering into the service knows, or is taken to know, that there are extraordinary dangers inseparable from such a service, which human care and foresight cannot always guard against; he is not bound to incur these known perils incident to the service, and may refuse to do so, or he may, as far as can be done, provide for them, in the rate of compensation or otherwise. But if he voluntarily engages to serve, in view of all the hazards to which he will be exposed, it is well settled that, as between himself and his employer, he undertakes to run all the ordinary risks of the service....”
1 later decision quote this exact passage“Because duty is an element of the plaintiffs prima facie case, the doctrine of primary implied assumption of risk, as an alternate expression of the concept of duty, would serve no productive purpose; indeed it would only confuse and convolute the issues ... While we agree that those situations described by commentators as involving the concept of primary implied assumption of the risk will preclude recovery under a scheme of comparative fault, the same result will be obtained, without any unnecessary confusion, if Tennessee courts use the common-law concept of duty to analyze the issues.”
1 later decision quote this exact passagee.g. Blair v. Campbell
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.