Flores v. Baca’s Empirical Analysis
1994
Citation profile
2 federal appellate · 8 district · 54 state decisions
How this case has been cited
Cited by 66 later decisions — most recently June 2023 · most notably Woodworker's Supply, Inc. v. Principal Mutual Life Insurance (1999), Paiz v. State Farm Fire & Casualty Co. (1994)
2 federal appellate · 8 district · 54 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 54 Cal. 3d 868 - Christensen v. Superior Court · Loucks v. Albuquerque National Bank · Folz v. State · Ramirez v. Armstrong · Chavez v. Manville Products Corp.
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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Burial cases furnish the most obvious example of cases in which the contract for decent treatment of a body seems to guarantee not merely a price but proper respect for feelings of survivors, so that emotional distress damages would seem to be recoverable . . . ." 3 Dan B. Dobbs, Law of Remedies § 12.5(1), at 110 (2d ed.1993). "If a contract is made for the very purpose of providing . . . mental well-being, it is very likely that the defendant must have contemplated damages for a loss of that well-being in the event of breach." Id. § 12.5(1), at 113. Contracts for funeral and burial services are imbued by the very nature of their subject with certain expectations to be implied in fact unless specifically disclaimed. It is to be expected that damages for cognizable harm to the ordinary emotional sensibilities of any family member, in general, and known emotional sensibilities, in particular, will be recoverable for a breach of the funeral provider's obligation to exercise reasonable skill and care. "Consolation being the aim [of a contract for funeral services], what else would result from a breach of the agreement but mental anguish?" Jack Leavitt, The Funeral Director's Liability for Mental Anguish, 15 Hastings L.J. 464 , 466 (1964). [ 871 P. 2d at 967 .]”
3 later decisions quote this exact passage“[w]here the contract is personal in nature and the contractual duty or obligation is so coupled with matters of mental concern or solicitude, or with the sensibilities of the party to whom the duty is owed, that a breach of that duty will necessarily or reasonably result in mental anguish or suffering, and it should be known to the parties from the nature of the contract that such suffering will result from its breach, compensatory damages therefor may be recovered.”
2 later decisions quote this exact passage“an intentional act without just cause or excuse, with knowledge that the act itself was wrong”). 6 . Subsequently, in Jackson National Life Insurance Co. v. Receconi, 113 N.M. 403, 419 , 827 P.2d 118, 134 (1992), we remarked that our statement in lessen that the defendant insurer”
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.