Britz v. Joy Manufacturing Co.’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The law in New Mexico is clear that having recovered from a third party tortfeasor, a workman is barred from receiving workmen’s compensation benefits. Section 52—1—56(C), [N.M.S.A.1978]; White v. New Mexico Highway Commission, 42 N.M. 626 , 83 P.2d 457 (1938); Thomas v. Barber's Super Markets, Inc., 74 N.M. 720 , 398 P.2d 51 (1964). Where a claimant has sought relief from a third party the amount of the recovery is for the full loss or detriment suffered by the injured party and makes him financially whole, and thus any subsequent compensation claim is barred. Castro v. Bass, 74 N.M. 254 , 392 P.2d 668 (1964); Seminara v. Frank Seminara Pontiac-Buick, Inc., 95 N.M. 22 , 618 P.2d 366 (Ct.App.1980).”

   3 later decisions quote this exact passage
   e.g. Strickland v. ROOSEVELT CTY RURAL ELEC CO-OP. · Strickland v. Roosevelt County Rural Electric Cooperative

2. “he or they, as the case may be, shall not be allowed to receive payment or recover damages therefor, and also claim compensation from the employer * * *.”

   2 later decisions quote this exact passage
   e.g. Gantt v. L & G AIR CONDITIONING · Strickland v. ROOSEVELT CTY RURAL ELEC CO-OP.

3. “to prevent dual recovery, Brown v. Arapahoe Drilling Co., 70 N.M. 99 , 370 P.2d 816 (1962), and to provide reimbursement for employers, Reed v. Styron, 69 N.M. 262 , 365 P.2d 912 (1961).”

   1 later decision quote this exact passage
   e.g. Strickland v. ROOSEVELT CTY RURAL ELEC CO-OP.