Berberian v. Lynn

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that ‘‘a mentally disabled patient, who does not have the capacity to control his or her conduct, does not owe his or her caregiver a duty of care’’
• noting Cowen's capacity-based standard for mentally-disabled plaintiffs is congruent with the Court's recognition \that a child's conduct should be measured in light of his or her capacity to exercise care under all attendant circumstances\
• noting that long- standing presumption

Source: CourtListener parenthetical corpus (CC0).

Cited by

6 cases in this archive cite this case.

• Boryszewski Ex Rel. Boryszewski v. Burke
  New Jersey Superior Court App Division· 2005-09-27· cited 55×
• Gregory v. Cott
  California Supreme Court· 2014-08-04· cited 20×
• Ruiz v. Mero
  Supreme Court of New Jersey· 2007-03-13· cited 10×
• Streifel v. Bulkley
  Connecticut Appellate Court· 2020-01-14· cited 9×
• C.J.R. v. G.A.
  New Jersey Superior Court App Division· 2014-12-08· cited 2×
• S.H. VS. K&H TRANSPORT, INC. (L-2169-16, ESSEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
  New Jersey Superior Court App Division· 2020-11-12

Cites

13 cases in this archive are cited by this case.

• Krauth v. Israel Geller and Buckingham Homes, Inc.
  Supreme Court of New Jersey· 1960-01-11· cited 199×
• Cowan v. Doering
  Supreme Court of New Jersey· 1988-08-11· cited 109×
• Slack Nursing Home, Inc. v. Department of Social Services
  Nebraska Supreme Court· 1995-03-03· cited 52×
• Tobia v. Cooper Hospital University Medical Center
  Supreme Court of New Jersey· 1994-06-28· cited 39×
• Creasy v. Rusk
  Indiana Supreme Court· 2000-06-14· cited 37×
• Cowan v. Doering
  New Jersey Superior Court App Division· 1987-01-15· cited 33×
• Bush v. New Jersey & New York Transit Co.
  Supreme Court of New Jersey· 1959-06-30· cited 31×
• Anicet v. Gant
  District Court of Appeal of Florida· 1991-05-14· cited 31×
• Herrle v. Estate of Marshall
  California Court of Appeal· 1996-05-31· cited 30×
• Mujica v. Turner
  District Court of Appeal of Florida· 1991-06-04· cited 24×
• Berberian v. Lynn
  New Jersey Superior Court App Division· 2002-11-20· cited 12×
• Colman v. Notre Dame Convalescent Home, Inc.
  D. Connecticut· 1997-07-07· cited 11×
• Gould v. American Family Mutual Insurance
  Court of Appeals of Wisconsin· 1994-09-27· cited 4×