Werner v. Colwell’s Empirical Analysis
1995
Citation profile
2 federal appellate · 68 state decisions
How this case has been cited
Cited by 79 later decisions — most recently December 2021 · most notably Leitch v. Hornsby (1996), Tooke v. City of Mexia (2006)
2 federal appellate · 68 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.
Appellate journey
reviewedthe decision below (from Texas Court of Appeals, 10th District (Waco))
Relationships
Applies 29 U.S.C. § 1002 (§ 3 of the Employee Retirement Income Security Act of 1974)
Relies on El Chico Corp. v. Poole · Stafford v. Stafford · Exxon Corp. v. Tidwell · St. Louis & San Francisco Railroad v. Hale · Great Atlantic & Pacific Tea Co. v. Evans
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 79 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Evans was a strong, robust young man. He was merely required to perform work that he had been doing for this same employer for several months before this occasion. He was doing the same character of work that other employees in other grocery stores constantly and generally did ... Evans cannot complain if A & P merely required him to do the usual and customary work required of persons in his line of employment, or, stated in another way, required by the character of the business in which he was employed. Finally, we think that the facts of this record fail, as a matter of law, to show that A & P ought to have foreseen that Evans would be injured by doing the character of work required of him in this instance.”
1 later decision quote this exact passage · from the majority“evidence must be produced to establish a duty, a breach of that duty, and damages proximately caused by the breach.”
1 later decision quote this exact passage · from the majoritye.g. McKnight v. Calvert“An exception exists when a person waives service by making a general appearance before the 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.