148 Cal. App. 3d 512 - Canavin v. Pacific Southwest Airlines’s Empirical Analysis
1983
Citation profile
10 federal appellate · 4 district · 66 state decisions
How this case has been cited
Cited by 94 later decisions — most recently February 2019 · most notably 26 Cal. 4th 63 - Cornette v. Department of Transportation (2001), 466 F. Supp. 2d 229 - Estate of Heiser v. Islamic Republic of Iran (2006)
10 federal appellate · 4 district · 66 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 57 Cal. 2d 450 - Auto Equity Sales, Inc. v. Superior Court · Frye v. United States · Norfolk & Western Railway Co. v. Liepelt · 27 Cal. 3d 916 - Molien v. Kaiser Foundation Hospitals · Central Vermont Railway Company v. Mary Theresa White L
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 94 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“They are inherently nonpecuniary, unliqui-dated and not readily subject to precise calculation. The amount of such damages is necessarily left to the subjective discretion of the trier of fact. Retroactive interest on such damages adds uncertain conjecture to speculation. [[Image here]] Furthermore, a fact finder in assessing a claim of general damages for physical, mental and emotional suffering, possesses full authority to consider the duration of the alleged suffering. Accordingly, the disallowance of any interest on such a claim does not deprive the claimant of compensation for an element of actual damage. To the contrary, its allowance, in fact, may in a given case create a double recovery.”
1 later decision quote this exact passagee.g. Roise v. Kurtz“The negligent defendant should not benefit by the fortuitous event [that] the person injured may be subject (or not subject), in a totally unknown and unpredictable amount, to income tax.... In measuring a plaintiffs damages in a wrongful death action income tax consequences on a decedent’s projected future earnings are irrelevant and so subject to “intense speculation” as to preclude admissibility.”
1 later decision quote this exact passage“lost present and future economic support as well as the pecuniary (as opposed to sentimental) value of such factors as lost comfort, society, companionship, care and protection.”
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.