Franks v. Olson’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “when one employer provides an employee to another employer, the employee becomes the “borrowed servant” of the second employer for that particular transaction. If the second employer exercises control over the “borrowed servant,” the second employer assumes liability for the activities of that borrowed employee, and the original employer is not liable for any of that employee’s conduct. Blessing v. Pittman, 70 Wyo. 416 , 251 P.2d 243, 246-47 (1952); 27 Am.Jur.2d Employment Relationship § 462 (1996). In determining which employer must assume liability, the court looks to the dual factors of who controls the employee and whose business the employee is furthering at the time of the accident. Blessing, 251 P.2d at 247 . Under our law, however, the primary test to establish the existence of employment is the right of control of the alleged employer. Claims of Naylor, 723 P.2d 1237, 1240 (Wyo.1986) (quoting Fox Park Timber Co. v. Baker, 53 Wyo. 467 , 84 P.2d 736, 743 (Wyo.1938)).”

   1 later decision quote this exact passage
   e.g. Franks v. Independent Production Co., Inc.

2. “In our view, the plain language of Rule 56(c) mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial. In such a situation, there can be “no genuine issue as to any material fact,” since a complete failure of proof concerning an essential element of the nonmoving party’s case necessarily renders all other facts immaterial. The moving party is “entitled to a judgment as a matter of law” because the nonmoving party has failed to make a sufficient showing on an essential element of her case with respect to which she has the burden of proof.”

   1 later decision quote this exact passage
   e.g. Monroe v. COGSWELL AGENCY

3. “make a prima facie showing that no genuine issue of material fact exists and that summary judgment should be granted as a matter of law.”

   1 later decision quote this exact passage
   e.g. Nathan R. Baker and Bryner Farms, LLC, a Nevada Limited Liability Company v. David Speaks and Elizabeth Speaks