91 Ill. App. 2d 1 - Mount v. McClellan’s Empirical Analysis

Citation profile

6 federal appellate · 3 district · 66 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 79 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The use, or nonuse of seat belts, and expert testimony, if any, in relation thereto, is a circumstance which the trier of facts may consider, together with all other facts in evidence, in arriving at its conclusion as to whether the plaintiff has exercised due care, not only to avoid injury to himself, but to mitigate any injury he would likely sustain. However, this element should be limited to the damage issue of the case and should not be considered by the trier of facts in determining the liability issue. Whether a person has or has not availed himself of the use of seat belts would have no relevancy in determining the cause of an accident. It is to be noted that we do not consider the weight to be given such evidence, but merely that it is admissible on the question of the plaintiffs due care to avoid injury. The jury may give great or small weight to it, but in our judgment they are entitled to consider the matter. * *”

   3 later decisions quote this exact passage · from the majority
   e.g. 44 Ill. App. 3d 901 - Dudanas v. Plate · 8 Ill. App. 3d 361 - Blitz v. Checker Taxi Co.