152 Cal. App. 4th 518 - Berkley v. Dowds’s Empirical Analysis
2007
Citation profile
4 federal appellate · 15 state decisions
Relationships
Relies on BMW of North America, Inc. v. Gore · State Farm Mutual Automobile Insurance v. Campbell · 39 Cal. 3d 311 - Blank v. Kirwan · Rowland v. Christian · TXO Production Corp. v. Alliance Resources 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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[i]n an action or proceeding by a decedent’s personal representative or successor in interest on the decedent’s cause of action, the damages recoverable are limited to the loss or damage that the decedent sustained or incurred before death, including any penalties or punitive or exemplary damages that decedent would have been entitled to recover had the decedent lived, and do not include damages for pain, suffering, or disfigurement.”
1 later decision quote this exact passage“willful misconduct,” for which the “pleading requirements are similar to negligence but stricter”: A plaintiff must show”
1 later decision quote this exact passagee.g. Ileto v. Glock, Inc.“'[a]n award of exemplary damages must be accompanied by an award of compensatory damages'”
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.