116 So. 2d 34 - Clar v. Dade County’s Empirical Analysis
1959
Citation profile
1 federal appellate · 11 state decisions
How this case has been cited
Cited by 12 later decisions — most recently November 2006
1 federal appellate · 11 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 Ake v. Birnbaum · Schwob Co. v. Florida Industrial Commission · State Road Department v. Bender · Bloodworth v. Jones · Jacques v. Efurd
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Since Florida appears to follow the common law rule on non-assignability of a personal injury claim, and absent statutory authority that permits the waiver or assignment of the right to bring an action under the wrongful death statute, we conclude that the right of action could not be waived or assigned in favor of a person in an inferior class by a person occupying a superior position.””
1 later decision quote this exact passage““At common law, the assignment of a cause of action to recover for personal injuries was not permitted upon the principle that personal injury claims die with the person. Apparently Florida subscribes to that rule as evidenced by the language of the Supreme Court of our state in State Road Department v. Bender, 147 Fla. 15 , 2 So.2d 298 .””
1 later decision quote this exact passagee.g. Cosselman v. Pittman““ ‘May the right of action for wrongful death conferred by the statute (§ 768.02, Fla.Stat., F.S.A.) upon a minor child by the deceased, be waived or assigned to the Administrator ? ’ ””
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.