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← 95 N.M. 551 - Gallegos v. Chastain

Gallegos v. Chastain’s Empirical Analysis

1981

Citation profile

44
cited by 44 later decisions
5
states following
January 2015
most recently cited

44 state decisions

How this case has been cited

Cited by 44 later decisions — most recently January 2015 · most notably 139 Ill. 2d 455 - Meerbrey v. Marshall Field & Co. (1990), Delgado v. Phelps Dodge Chino, Inc. (2001)

44 state decisions

2201981199020002010decided

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 McCauley v. Ray · Royal Indemnity Co. v. Southern California Petroleum Corp. · City of Artesia v. Carter · Grandi v. LeSage · Boek v. Wong Hing

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

  1. ““The legal reason for permitting the common-law suit for direct assault by the employer, as we have seen, is that the same person cannot commit an intentional assault and then allege it was accidental. This does not apply when the assailant and the defendant are two entirely different people. Unless the employer has commanded or expressly authorized the assault, it cannot be said to be intentional from his standpoint any more than from the standpoint of any third person. Realistically, it to him is just one more industrial mishap in the factory, of the sort he has a right to consider exclusively covered by the compensation system.””
    3 later decisions quote this exact passage
  2. “Nothing in the Workmen's Compensation Act, however, shall affect, or be construed to affect, in any way, the existence of, or the mode of trial of, any claim or cause of action which the workman has against any person other than his employer, or another employee of his employer, including a management or supervisory employee, or the insurer, guarantor or surety of his employer. (Emphasis added.)”
    2 later decisions quote this exact passage
  3. “The exclusivity provisions have consistently been applied. “Our statutes could scarcely be more explicit in abolishing every statutory or common law right or remedy against the employer not provided by the Workmen’s Compensation Act, accruing to any person whomsoever, which arises by reason of such injury.””
    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.