Goebel v. Dean & Associates’s Empirical Analysis

Citation profile

2 state decisions

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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “An employer is subject to liability for physical harm to third persons caused by his failure to exercise reasonable care to employ a competent and careful contractor (a) to do work which will involve a risk of physical harm unless it is skillfully and carefully done, or (b) to perform any duty which the employer owes to third persons.”

   2 later decisions quote this exact passage
   e.g. Eischeid v. Dover Construction, Inc. · Jones v. Schneider National, Inc.

2. “Section 404 of the Restatement involves claims against an independent contractor who negligently rebuilds or repairs a chattel. Where, as here, the contractor has not acted to increase the chattel’s dangerous propensities, comment b of section 404 invokes the same rationale of “deceptive appearance of safety” that has been recognized in the application of section 403.”

   1 later decision quote this exact passage
   e.g. Nationwide Agribusiness Insurance v. SMA Elevator Construction Inc.

3. “§ 404. Negligence in Making, Rebuilding, or Repairing Chattel One who as an independent contractor negligently makes, rebuilds, or repairs a chattel for another is subject to the same liability as imposed upon negligent manufacturers of chattels.”

   1 later decision quote this exact passage
   e.g. Nationwide Agribusiness Insurance v. SMA Elevator Construction Inc.