Clement v. Reeves’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Clearly, [the parish] was provided with immunity from negligence in its efforts to remedy the effects of Hurricane Lili during the state of emergency absent a showing of willful misconduct. (citing Castille v. Lafayette City-Parish Consolidated Government, XXXX-XXXX (La.App. 3 Cir. 3/2/05), 896 So.2d 1261 , writ denied, 902 So.2d 1029 (La. 2005)) However, at the time the state of emergency ended, [the parish] was no longer afforded immunity by the Louisiana Homeland Security and Emergency Assistance and Disaster Act.”

   2 later decisions quote this exact passage · from the majority
   e.g. Banks v. Parish of Jefferson · 975 So. 2d 170 - Clement v. Reeves

2. “This litigation stems from a December 20, 2002 automobile accident, which occurred in the 7200 block of Landry Road, located in a rural area of Lafayette Parish, at approximately 10:45 p.m. Shannon Clement, Jessie Vidrine, and Christina Chau were passengers in a truck driven by Dusty Reeves. Reeves, who was unfamiliar with Landry Road, lost control of his vehicle and crashed into a ditch when he failed to safely negotiate a ninety-degree turn. As a result, Clement, Vidrine, and Chau (plaintiffs) filed suit against LCG alleging that it failed to maintain the advance turn warning sign which would have warned Reeves of the approaching turn. These three suits were consolidated by the trial court. (Docket Number XXXX-XXXX, consolidated with Docket Numbers XXXX-XXXX and XXXX-XXXX). In response, LCG sought summary judgment arguing that the plaintiffs could not prove that it had constructive notice of the downed sign prior to the accident or that it had a reasonable amount of time in which to repair the sign. It further argued that it was immune from liability under the Louisiana Homeland Security and Emergency Assistance and Disaster Act, as a state of emergency had been declared for the State of Louisiana and Lafayette Parish on October 1, 2002, in anticipation of Hurricane Lili. This state of emergency was extended statewide for an additional forty-five days by Governor Mike Foster on October 31, 2002. Following argument, the trial court denied LCG's motion finding "too many loose”

   1 later decision quote this exact passage
   e.g. 975 So. 2d 170 - Clement v. Reeves

3. “(2) The burden of proof remains with the movant. However, if the movant will not bear the burden of proof at trial on the matter that is before the court on the motion for summary judgment, the movant's burden on the motion does not require him to negate all essential elements of the adverse party's claim, action, or defense, but rather to point out to the court that there is an absence of factual support for one or more elements essential to the adverse party's claim, motion, or defense. Thereafter, if the adverse party fails to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial, there is no genuine issue of material fact.”

   1 later decision quote this exact passage · from the majority
   e.g. DeSOTO v. Humphreys