Giardina v. Bennett’s Empirical Analysis
1988
Citation profile
11 federal appellate · 6 district · 70 state decisions
How this case has been cited
Cited by 95 later decisions — most recently January 2016 · most notably Shaner v. Horizon Bancorp. (1989), Decker v. Princeton Packet, Inc. (1989)
11 federal appellate · 6 district · 70 state decisions — followed in 11 states
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 Moragne v. States Marine Lines, Inc. · Magna Oil Corp. v. Bateson · 19 Cal. 3d 564 - Justus v. Atchison · Portee v. Jaffee · 31 Cal. 3d 220 - Turpin v. Sortini
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 95 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Medical malpractice causing a stillbirth results in infliction of a direct injury to the mother as well as to her unborn child. Even without any permanent physical harm, the mother suffers severe and genuine injuries in the form of emotional distress and mental anguish occasioned by her baby's stillbirth. This suffering is experienced, also, by the father of the infant. Thus, in a case such as this, the injury suffered by the mother and father on the stillbirth of their eagerly expected first child is palpable and predictable.”
7 later decisions quote this exact passage · from the majority“When the death of a person is caused by a wrongful act, neglect or default, such as would, if death had not ensued, have entitled the person injured to maintain an action for damages resulting from the injury, the person who would have been liable in damages for the injury if death had not ensued shall be liable in an action for damages, notwithstanding the death of the person injured and although the death was caused under circumstances amounting in law to a crime. [Emphasis added.]”
3 later decisions quote this exact passage · from the majoritye.g. Donna S. Marie, (A Fictitious Name of a Real Individual), Individually, on Her Own Behalf, and on Behalf of All Women Similarly Situated Donna Santa Marie, on Behalf of Her Own Child and All Others Similarly Situated Teresa H. Jimenez, on Behalf of Herself and on Behalf of Her Patients [Both Mothers · 354 N.J. Super. 500 - Acuna v. Turkish“a birth attended by tragedy, present[s] a compelling case for recognition of the direct injury to the parents....”
3 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.