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← 123 Utah 610 - Forrest v. Eason

Forrest v. Eason’s Empirical Analysis

1953

Citation profile

8
cited by 8 later decisions
1
states following
August 1994
most recently cited

1 district · 7 state decisions

How this case has been cited

Cited by 8 later decisions — most recently August 1994

1 district · 7 state decisions

2019531960197019801990decided

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 McKay v. State Board · Anderson v. Nixon · Baxter v. Snow · Baker v. Wycoff · Finlayson v. Brady

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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““Giving the case to the jury under such circumstances (when certain fluids were injected into the veins by a naturopath), with no showing that use of the substances was not in accordance with accepted standards of professional skill, * * * with no showing that any of the substances were deleterious, allows the jury to indulge in that type of speculation un-permitted by this or other courts generally. “Counsel lists authorities holding a treatment may indicate so plainly a lack of due care as to dispense with expert testimony. We agree, but this is not such a case. Plaintiff did not show that the treatments plainly indicated unaccepta'bility under standards of skill espoused by the professions authorized to treat the ailment, and adduce nothing to show such treatments in fact resulted in injury. To charge a professional man under such circumstances woud make him an insurer. We believe this case to be of the type requiring expert testimony.” Parenthesis added..”
    1 later decision quote this exact passage
  2. “Civil liability does not depend necessarily on lack of statutory licensing qualifications, but rather upon failure to exercise that degree of care and skill considered proper by correct and accepted standards of the profession involved, or stated otherwise, failure to use that care exercised by skilled professional [people] doing like work in the vicinity.”
    1 later decision quote this exact passage
  3. “If the injury sustained could be attributed to two or more causes, one of which was the negligence of the doctor, it would be a question for the jury to determine which was the proximate cause of the injury.”
    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.