operative inquiry (Georgia) · Go Syfert
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operative inquiry in Georgia

5 Georgia opinions name it 2 courts 1984–2025 1 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
The State v. Peabody.green
gactapp · 2017 · cited in 1 Georgia opinions naming this issue, 2025–2025
1 sentence

2025Id. (citing Peabody, 343 Ga. App. at 365 (1)) (punctuation omitted; emphasis in original) 2 I am bound by the doctrine of stare decisis to follow the precedent of this Court but because I believe that this judicially-created exemption is unwieldy in its application, has been applied inconsistently in our precedent, and also applies more broadly under the facts of this case than is asserted by the majority, I respectfully dissent.

11
Georgia Department of Transportation v. Owensgreen
gactapp · 2014 · cited in 1 Georgia opinions naming this issue, 2020–2020
2 sentences

2020In conducting the foreseeability analysis, the operative inquiry is “whether, as a general matter, the original negligent actor should have anticipated that this general type of harm might result.” (Citation omitted.) Georgia Dept. of Transp. v. Owens, 330 Ga. App. 123, 131 (2) ( 766 SE2d 569 ) (2014).

2020In conducting the foreseeability analysis, the operative inquiry is “whether, as a general matter, the original negligent actor should have anticipated that this general type of harm might result.” (Citation omitted.) Georgia Dept. of Transp. v. Owens, 330 Ga. App. 123, 131 (2) ( 766 SE2d 569 ) (2014).

11
State v. Boyergreen
ga · 1999 · cited in 1 Georgia opinions naming this issue, 2005–2005
1 sentence

2005State v. Boyer, 270 Ga. at 702 (1).

11
Almond v. Stategreen
gactapp · 1986 · cited in 1 Georgia opinions naming this issue, 1988–1988
2 sentences

1988Despite that, this court should take note of and correct this error, if possible. “ ‘ “In exceptional circumstances, especially in criminal cases, appellate courts, in the public interest, may, of their own motion, notice errors to which no exception has been taken, if the errors are obvious, or if they otherwise seriously affect the fairness, integrity or public reputation of judicial proceedings.” [Cit.]’ [Cits.]” Almond v. State, 180 Ga. App. 475, 480 ( 349 SE2d 482 ) (1986).

1988Despite that, this court should take note of and correct this error, if possible. “ ‘ “In exceptional circumstances, especially in criminal cases, appellate courts, in the public interest, may, of their own motion, notice errors to which no exception has been taken, if the errors are obvious, or if they otherwise seriously affect the fairness, integrity or public reputation of judicial proceedings.” [Cit.]’ [Cits.]” Almond v. State, 180 Ga. App. 475, 480 ( 349 SE2d 482 ) (1986).

11
Matter of Estate of Campbellgreen
orctapp · 1982 · cited in 1 Georgia opinions naming this issue, 1984–1984
1 sentence

1984Matter of Campbell, 641 P2d 610, 613 (Or.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Where else courts name it

NY 66 (1961–2024) TX 62 (1978–2026) CA 46 (1950–2025) DE 44 (2002–2026) PA 39 (1956–2026) OR 28 (1970–2026) FL 21 (1984–2026) UT 21 (1997–2026) IL 19 (1981–2025) OH 19 (1990–2023) MI 15 (1979–2026) NJ 15 (1978–2011) KY 13 (2010–2023) WA 11 (1940–2026) CT 11 (1972–2022) KS 11 (1988–2026) MA 9 (1997–2025) WI 9 (1993–2023) MO 9 (1928–2020) MD 8 (1993–2025) TN 7 (2005–2026) NE 6 (1986–2002) AR 6 (2003–2011) NM 6 (1956–2017) LA 6 (1971–2021) RI 6 (2003–2026) AZ 5 (1957–2026) GA 5 (1984–2025) ME 5 (1990–2025) AL 5 (1982–2025) IA 4 (2007–2026) DC 4 (1997–2026) VA 3 (2021–2026) NV 2 (2013–2020) AK 2 (2023–2024) CO 2 (1996–2010) WV 2 (1981–2007) SC 2 (2015–2015) NH 2 (1982–2011) ND 2 (1988–1988)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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