Liantonio v. Baum’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The flaw in plaintiffs argument is that he has not used the term injury in its correct perspective. Plaintiff, indeed, suffers from a cell tumor in his right humerus. However, the injury which is the basis of the instant lawsuit is not the tumor, but rather it is the alleged misdiagnosis by defendant of plaintiffs preexisting condition and defendant’s failure to properly treat plaintiff. That injury, the proof of which is necessary to make a prima facie ease, most certainly is incidental to and arose out of his employment; e.g., plaintiffs contact with defendant-physician was at the Sanitation Department Clinic to which only employees are admitted, and furthermore plaintiff would not have been examined and diagnosed by the defendant unless he was an employee of the Sanitation Department, as was the defendant. [Ibid.]”

   1 later decision quote this exact passage
   e.g. Hawksby v. Depietro