Barbieri v. Jennings’s Empirical Analysis
1976
Citation profile
2 federal appellate · 12 state decisions
How this case has been cited
Cited by 15 later decisions — most recently May 1992
2 federal appellate · 12 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 Turrietta v. Wyche · Kelly v. Montoya · Galvan v. City of Albuquerque · Aragon v. Speelman · Seele v. Purcell
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A person who, without negligence on his part, is suddenly and unexpectedly confronted with peril arising from either the actual presence of the appearance of imminent danger to himself or another, is not expected nor required to use the same judgment and prudence that is required of him in the exercise of ordinary care in calmer and more deliberate moments. His duty is to exercise only the care that a reasonably prudent person would exercise in the same situation. If at that moment he does what appears to him to be the best thing to do, and if his choice and manner of action are the same as might have been followed by any reasonably prudent person under the same conditions then he has done all the law requires of him, even though in the light of after events, it might appear that a different course would have been better or safer.”
1 later decision quote this exact passage“Under the evidence, in determining whether negligence on Jennings part was the cause of the death, the jury necessarily had to determine whether any negligence on Sister's part was the proximate cause. The sudden emergency instruction, if applicable at all, was as applicable to Sister's conduct as to Jennings conduct... . [Emphasis added.] [Id. 85, 559 P.2d 1210 .]”
1 later decision quote this exact passage“A second answer is that the contention assumes preexisting negligence. Whether there was such negligence was a factual issue to be resolved by the jury. A theory of preexisting negligence was not a basis for instructing on sudden emergency. [Emphasis by Court.] [Id. 85, 559 P.2d 1210 .]”
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.