97 Ill. 2d 515 - Stephens v. McBride’s Empirical Analysis

Citation profile

4 federal appellate · 75 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 85 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[W]here 2 or more persons are subject to liability in tort arising out of the same injury to person or property, *** there is a right of contribution among them, even though judgment has not been entered against any or all of them.” Ill. Rev. Stat. 1991, ch. 70, par. 302(a).”

   3 later decisions quote this exact passage · from the majority
   e.g. 123 Ill. 2d 245 - Frazer v. A. F. Munsterman, Inc. · 104 Ill. 2d 317 - Rakowski v. Lucente

2. ““Sec. 8 — 101. No civil action may be commenced in any court against a local entity for any injury unless it is commenced within 2 years from the date that the injury was received or the cause of action accrued.” “Sec. 8 — 102. Within 1 year from the date that the injury or cause of action, referred to in Sections 8 — 101, 8 — 102 and 8— 103, was received or accrued, any person who is about to commence any civil action for damages on account of such injury against a local public entity, or against any of its employees whose act or omission committed while acting in the scope of his employment as such employee caused the injury, must serve, either by personal service or by registered or certified mail, return receipt requested, a written notice on the Secretary or Clerk, as the case may be, for the entity against whom or against whose employee the action is contemplated a written statement, signed by himself, his agent or attorney, giving in substance the following information: the name of the person to whom the cause of action has accrued, the name and residence of the person injured, the date and about the hour of the accident, the place or location where the accident occurred, the general nature of the accident, the name and address of the attending physician, if any, and the name and address of the treating hospital or hospitals, if any.” “Sec. 8 — 103. If the notice under Section 8 — 102 is not served as provided therein, any such civil action commenced against a local pu”

   2 later decisions quote this exact passage · from the majority
   e.g. Rio v. Edward Hospital · 104 Ill. 2d 354 - Rio v. Edward Hospital

3. “"[O]ur decision here does not permit the injured plaintiff to recover indirectly from the governmental entity although he is precluded from directly recovering from it. * * * The Supreme Court of California noted [in People ex rel. Department of Transportation v. Superior Court (1980), 26 Cal.3d 744 , 163 Cal. Rptr. 585 , 608 P.2d 673 ] that the plaintiff would still be barred from recovering directly from the governmental defendant, and if he failed to prove that the nongovernmental defendant was liable, or if that defendant were insolvent, the plaintiff would be able to recover nothing, either directly or indirectly, from the governmental defendant. Moreover, the doctrine of joint and several liability allows the plaintiff to recover fully for his injuries from the nongovernmental defendant whether or not that defendant can recover from the governmental defendant. As this court has recently reaffirmed the viability of the doctrine of joint and several liability [citation], plaintiff gains nothing if defendant is permitted to recover contribution from the village. " (Emphasis added.) Stephens, 97 Ill.2d at 524-25 , 74 Ill.Dec. 24 , 455 N.E.2d 54 .”

   1 later decision quote this exact passage · from the dissent
   e.g. 146 Ill. 2d 155 - Kotecki v. Cyclops Welding Corp.