Martinez v. Schmick’s Empirical Analysis
1977
Citation profile
25 state decisions
How this case has been cited
Cited by 25 later decisions — most recently April 1999 · most notably Dunleavy v. Miller (1993), City of Belen v. Harrell (1979)
25 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 Jewell v. Seidenberg · Mantz v. Follingstad · Frei v. Brownlee · Lawrence v. Deemy · Horrocks v. Rounds
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A person who, without negligence on [his] [her] part, is suddenly and unexpectedly confronted with peril, arising from either the actual presence or the appearance of an imminent danger to [himself] [herself] or another, is not expected nor required to use the same judgment and prudence that is required of [him] [her] in the exercise of ordinary care in calmer and more deliberate moments. [His] [Her] duty is to exercise only the care that a reasonably prudent person would exercise in the same situation. If, at that moment, [he] [she] does what appears to [him] [her] to be the best thing to do and if [his] [her] choice and manner of action are the same as might have been followed by any reasonably prudent person under the same conditions, then [he] [she] has done all that the law requires of [him] [her], even though, in the light of after events, it might appear that a different course would have been better and safer.”
3 later decisions quote this exact passage“[T]he fact that the party relying on the [sudden emergency] doctrine may have contributed by his negligence to causing the emergency does not preclude giving the sudden emergency instruction. It is ordinarily a question of fact for the jury whether the negligence of the party contributed to causing the emergency. If the jury finds such negligence, it does not apply the emergency doctrine; if it finds no such negligence, it goes on to apply the sudden emergency doctrine.”
2 later decisions quote this exact passage“"In order for the jury to follow the proper sequence, it would be desirable to precede the sudden emergency instruction by an instruction such as `If you find that the plaintiff was contributorily [sic] negligent and that his negligence contributed to causing the emergency situation, you must disregard the instruction on sudden emergency.'" [Id. 90 N.M. 532 , 565 P.2d 1046 .]”
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.