Sauve v. Winfree’s Empirical Analysis
1995
Citation profile
11 state decisions
How this case has been cited
Cited by 11 later decisions — most recently May 2018
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
Relies on Guin v. Ha · Elliott v. Brown · Northern Corporation v. Saari · M-K Rivers v. Schleifman · State v. Purdy
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The commonest question that arises in these cases is: which test of “course of employment” applies? Is it the workers’ compensation test, or the vicarious liability test? The answer may be dictated by the wording of the immunity clause itself. [[Image here]] The more satisfactory test, unless expressly ruled out by statute, is that adopted by Illinois, New Jersey, Kentucky, Indiana, Ohio, Oklahoma, and Florida, which simply use the regular workers’ compensation course of employment standard for this purpose. After all, there are troubles and complications enough administering one course of employment test under the act, without adding a second. By adopting the compensation test, a court has at hand a ready-made body of cases with which to dispose of most borderline situations.”
1 later decision quote this exact passage · from the dissente.g. Meade v. Ries“If ... it was the structure of the staircase that caused her injuries and landlord liability would normally attach in such a case, then Winfree and Nix should be held liable to the extent of landlords that were not otherwise involved with Sauve’s employment. ... However, if the cause of her injury is rooted in corporate duties negligently performed by Winfree and Nix in terms of their supervision of Sauve, or their corporate responsibility for the condition of the premises, then the exclusive remedy provision would bar payment of further damages resulting from duties performed “incident” to employment.[ 40 ]”
1 later decision quote this exact passage · from the dissente.g. Sauve v. Winfree
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.