Canape v. Petersen’s Empirical Analysis
1995
Citation profile
2 federal appellate · 1 district · 11 state decisions
How this case has been cited
Cited by 14 later decisions — most recently September 2019
2 federal appellate · 1 district · 11 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
Applies 29 U.S.C. § 651 (§ 2 of the Occupational Safety and Health Act of 1970) · 29 U.S.C. § 653 (§ 4 of the Occupational Safety and Health Act of 1970) · 29 U.S.C. § 654 (§ 5 of the Occupational Safety and Health Act of 1970)
Relies on Ingersoll-Rand Co. v. McClendon · Gade v. National Solid Wastes Management Assn. · Industrial Union Department v. American Petroleum Institute Marshall · Dixon v. International Harvester Co. · 90 Wash. 2d 323 - Kelley v. Howard S. Wright Construction Co.
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“. A negligence per se instruction transforms the character of the factfinder's inquiry. The applicable standard of care is affected by such an instruction. Because the standard of care is the key factor in determining liability, we conclude that the application of a negligence per se instruction affects common law rights, duties and liabilities of employ ers and employees with respect to injuries of employees arising out of and in the course of employment as those terms are used in 29 U.S.C. s 653 (b)(4) and General Statutes s 31-369(b). Thus, the negligence per se instruction was erroneous.”
1 later decision quote this exact passage · from the majority“Nothing in this Act shall be construed to supersede or in any manner affect any workmen's compensation law or to emilarge or diminish or affect in any other manner the common law or statutory rights, duties, or liabilities of employers and employees under any law with respect to injuries, diseases, or death of employees arising out of, or in the course of, employment.”
1 later decision quote this exact passage · from the majority“prevent injured employees from using OSHA to bypass state workers' compensation through a private action in federal court.”
1 later decision quote this exact passage · from the majority
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.