903 So. 2d 103 - Tolbert v. Tolbert’s Empirical Analysis
2004
Citation profile
6 state decisions
Relationships
Relies on 547 So. 2d 870 - West v. Founders Life Assur. Co. of Florida · 538 So. 2d 794 - Bass v. SOUTHTRUST BANK OF BALDWIN CTY. · Silver v. Silver · 8 Cal. 3d 855 - Brown v. Merlo · Hanners v. Balfour Guthrie, Inc.
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'Negligence is usually characterized as an inattention, thoughtlessness, or heedlessness, a lack of due care; whereas wantonness is characterized as ... a conscious ... act.”
5 later decisions quote this exact passage“"In Scott , Villegas was driving an automobile he had just purchased and that he had driven only one time previously. Scott, his passenger, had driven the automobile several times while it was owned by the seller. Villegas was well aware that the vehicle (a 1990 Ford GT-50) was `souped up,' with a 5-speed transmission and a V-8 engine. `According to Villegas, "it was a fast car. . . . It was bad."' 723 So.2d at 643 . In pulling out of the driveway at the start of the trip, Villegas stalled the automobile, and Scott asked if he could drive. Villegas refused. As Villegas then drove the car down the road, he `spun off because, as he later explained, he was not used to the `tight gears,' which required that the driver give the engine some gas. Accordingly, he `fishtail[ed] a little bit.' 723 So.2d at 643 . It had been raining and the roads were wet. Scott again asked if he could drive and Villegas declined, stating that he wanted to drive his own car. Next, at an intersection Villegas ` "gave it a little too much gas and it spun a little bit more."' 723 So.2d at 643 . Scott again asked if he could drive and Villegas again insisted on driving. At another intersection Villegas spun off again. He then told Scott' "[i]f I mess up one more time, you can drive the car."' Id. "`Subsequently, "because [Villegas and Scott were] in a hurry to get" to [their] destination, [Villegas] shifted from fifth gear into third gear and passed another automobile; Villegas's automobile went into a spin”
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.