Parent v. State’s Empirical Analysis

Citation profile

2 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. “[T.C.A.] §§ 70-7-101 et seq. is merely an affirmative defense to other viable causes of action outside the recreational use statute. The exceptions in [T.C.A.] § 70-7-104 do not create new causes of action. See [T.C.A.] § 70-7-104 (“This chapter does not limit the liability which otherwise exists for.... ”). To adequately allege a claim, the plaintiffs are not required to plead § 104 exceptions to the State’s immunity. Section 104 merely operates to: (1) negate the recreational use defense, and (2) allow a claimant to pursue a cause of action for which a recreational use defense has been raised.”

   1 later decision quote this exact passage
   e.g. Bishop v. Beckner

2. “The recreational use defense requires a two-pronged analysis to determine whether the [defendant] is entitled to immunity. The inquiries are as follows: (1) whether the activity alleged is a recreational activity as defined by the statute; and if so, (2) whether any of the statutory exceptions or limitations to the immunity defense are applicable. If [T.C.A.] § 70-7-102 is applicable and no exceptions apply, the [defendant] is immune. If [T.C.A.] § 70-7-102 is applicable but an exception is also applicable, the [defendant] may be subject to liability-”

   1 later decision quote this exact passage
   e.g. Bishop v. Beckner

3. “This chapter does not limit the liability which otherwise exists for: (1) Gross negligence, willful or wanton conduct which results in a failure to guard or warn against a dangerous condition, use, structure or activity; [[Image here]]”

   1 later decision quote this exact passage
   e.g. Bishop v. Beckner