Borstad v. La Roque’s Empirical Analysis
1959
Citation profile
2 federal appellate · 13 state decisions
How this case has been cited
Cited by 15 later decisions — most recently December 1981
2 federal appellate · 13 state decisions
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 10 Cal. App. 2d 132 - Noble v. Key System, Ltd. · 71 Cal. App. 239 - People v. Ekstromer · Clark v. Josephson · State v. Hanson · Smith v. Baker
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘As applied to the defense raised by the host driver in an action by his guest passenger where liability of the host arises in tort, the guest will be deemed to have “assumed the risk” of injury arising from the mishap when (1) the guest has knowledge of a situation that is dangerous beyond that normally inherent in ■ the operation of a vehicle whether caused by the obvious incompetence of the driver or by the dangerous condition of the vehicle, or otherwise, (2) an appreciation of the danger and a voluntary choice to encounter it, and (3) an injury proximately caused by the danger presented. * * ””
3 later decisions quote this exact passage · from the majoritye.g. Wheat v. Patterson · Kunze v. Stang““In the light of the foregoing definitions which we approve, we hold that liability of the host under the ‘guest statute’ is established when, by reason of intoxication, a host’s normal mental and physical faculties for the safe and prudent operation of the motor vehicle are appreciably impaired and ordinary negligence of the host is thereby induced which proximately causes the mishap out of which the guest’s injuries and damages arise.””
2 later decisions quote this exact passage · from the majority““ * * * this chapter shall not be construed as relieving the owner, driver, or person responsible for the operation of a vehicle from liability for injury to or death of a guest proximately resulting from the intoxication, willful misconduct, or gross negligence of such owner, driver, or person responsible for the operation of such vehicle.””
2 later decisions quote this exact passage · from the majority
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.