James v. Montoya’s Empirical Analysis

Citation profile

1 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A tort cause of action accrues when the plaintiff knows or has reason to know that she has suffered damage due to another's wrongful act. Ogle v. Caterpillar Tractor Co., 716 P.2d 334, 337 (Wyo.1986) (quoting Anderson v. Bauer, 681 P.2d 1316, 1321 (Wyo.1984)). The statute of limitations begins to run at that time, even when the consequences of the wrongful act are not fully known until later. Duke v. Housen, 589 P.2d 334, 343-44 (Wyo.), cert. denied, 444 U.S. 863 , 100 S.Ct. 132 , 62 L.Ed.2d 86 (1979). James' affidavit makes it clear she knew of the wrongful act, and knew she had suffered injury as a result, on June 30, 1992, the day she was exposed to the chemicals. Even though she was not fully aware of the extent of her injury until the following spring, her cause of action accrued and the statute of limitations began to run on that date. Statutes of limitation do not discriminate between the just and unjust claim. They operate regardless of the merits, and courts have no right to deny their operation. Duke, 589 P.2d at 340 . James' injury occurred on June 30, 1992, and the statute of limitations began to run on this negligence action on that date. Appellants' action was commenced on October 9, 1996, more than four years later. There is no dispute of material fact, and the law is clear that this claim is time barred. The district court was correct in dismissing this case.”

   1 later decision quote this exact passage
   e.g. Ryel v. Anderies