Tucker v. Ware’s Empirical Analysis
1988
Citation profile
1 district · 5 state decisions
How this case has been cited
Cited by 6 later decisions — most recently January 2009
1 district · 5 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 Naccash v. Burger
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he court agrees that an action for death by wrongful act is the exclusive means of recovery where death results from the injury giving rise to the cause of action____The fallacy of defendants’ argument is that it assumes that [the decedent’s] death was caused by the injuries resulting from defendants’ alleged negligence, and which form the basis of the personal injury count. While Count I of the motion for judgment, alleging wrongful death, does allege that [the decedent’s] death resulted from the subject injuries, it is, at this point, merely an allegation. Count II, which does not allege that death ensued from those injuries, is also, at this point, merely an allegation. As plaintiffs correctly point out, a jury may very possibly find that while defendants’ negligence caused injury to [the decedent], such injury did not cause his death. Just as possibly, a jury may find that such injury did cause his death. Requiring plaintiffs to elect at this point which count to pursue would, in the court’s view, work a severe injustice on plaintiffs. If plaintiffs elect to pursue the wrongful death claim, a jury’s finding that death did not result from the subject injuries will defeat any recovery. Likewise, if only the survival action is maintained, a jury’s finding that such injury did cause George’s death will also defeat any recovery.”
1 later decision quote this exact passage“the opportunity to accept or reject the continuance of [the mother’s] pregnancy and the birth of her fatally defective child.”
1 later decision quote this exact passage
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.