Dees v. Pace’s Empirical Analysis
1953
Citation profile
42 state decisions
How this case has been cited
Cited by 46 later decisions — most recently June 1977 · most notably 154 Cal. App. 2d 560 - Salgo v. Leland Stanford Jr. University Board of Trustees (1957), Siverson v. Weber (1962)
42 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 25 Cal. 2d 486 - Ybarra v. Spangard · Scott v. Burke · 13 Cal. 2d 216 - Engelking v. Carlson · 40 Cal. 2d 503 - Farber v. Olkon · 109 Cal. App. 2d 759 - Milias v. Wheeler Hospital
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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"An hysterectomy operation as disclosed by the medical testimony is a complicated one and it would lie beyond the realm of the common knowledge and experience of laymen as to whether or not this result would ordinarily occur in the absence of negligence. None of the doctors testified that in the small number of cases in which a fistula occurs that they are probably the result of negligence. On the contrary the undisputed expert testimony shows that a fistula is a recognized hazard in all hysterectomies, one of the calculated risks; and while it does not occur very often from any cause, it may occur where the operation is performed under ideal conditions by the most skillful surgeon without negligence on his part."”
2 later decisions quote this exact passage““ ‘ * * * one of the basic facts that the plaintiff must prove before the doctrine [res ipsa loquitur] is applicable is that the occurrence is one that ordinarily does not happen unless there was negligence.’ ””
1 later decision quote this exact passagee.g. Shockley v. Payne
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.