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← 914 SW2D 527 - Winter v. Smith

Winter v. Smith’s Empirical Analysis

1995

Citation profile

16
cited by 16 later decisions
1
states following
December 2018
most recently cited

2 federal appellate · 7 state decisions

How this case has been cited

Cited by 16 later decisions — most recently December 2018

2 federal appellate · 7 state decisions

90199520002010decided

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 Reichelt v. Gates · Federal Kemper Life Assurance Co. v. Bodine · Tennessee v. Middlebrooks · Board of Governors v. MCorp Financial, Inc. · Burkert v. Petrol Plus of Naugatuck, Inc.

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

  1. “the court went on to observe: The general contractor performs the work with his own forces, through subcontractors, or with a combination of the two. Subcontractors have contracts with the general contractor, not the owner, and the general contractor is responsible for scheduling, coordinating, and supervising the subcontractors' work. Winter v. Smith , 914 S.W.2d 527 , 539 (Tenn. Ct. App. 1995) ; see also , Dempsey v. Correct Mfg. Corp. , 755 S.W.2d 798 , 806 (Tenn. Ct. App. 1988) (”
    1 later decision quote this exact passage
  2. “[t]he traditional construction relationship involves a direct contractual relationship between the owner and the general contractor who is also referred to as the prime contractor, the principal contractor, or occasionally simply as the contractor,”
    1 later decision quote this exact passage
  3. “shift[ ] the entire burden of loss or responsibility”
    1 later decision quote this exact passage

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.