Smith v. State’s Empirical Analysis

Citation profile

2 district · 11 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The 'precise nature and extent' of a duty 'is a question of law which can be decided at the summary judgment stage.”

   2 later decisions quote this exact passage
   e.g. Dore v. City of Fairbanks · Wongittilin v. State

2. “The repair of the pump may have been a complete undertaking in and of itself, or it may have been the initiation of a broader undertaking to resolve the fluoride problem. ... ... A reasonable person could infer, from the evidence in the record, that the State had undertaken to resolve the fluoride problem, thereby assuming a duty towards [the plaintiff] and other Hooper Bay water users to complete this undertaking in a non-negligent manner.[ 36 ]”

   1 later decision quote this exact passage
   e.g. Interior Regional Housing Authority v. James

3. “One who undertakes, gratuitously or for consideration, to render services to another which he should recognize as necessary for the protection of a third person or his things, is subject to liability to the third person for physical harm resulting from his failure to exercise reasonable care to protect his undertaking, if ... (b) he has undertaken to perform a duty owed by the other to the third person”

   1 later decision quote this exact passage
   e.g. 393 F. Supp. 2d 942 - Rountree v. CHING FENG BLINDS INDUSTRY CO., LTD.