Bagley v. Bagley’s Empirical Analysis

Citation profile

1 state decisions

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

1. “[a] cause of action arising out of personal injury to a person, or death caused by the wrongful act or negligence of another, does not abate upon the death of the wrongdoer or the injured person. The injured person, or the personal representatives or heirs of the person who died, has a cause of action against the wrongdoer or the personal representatives of the wrongdoer for special and general damages, subject to Subsection (l)(b). 13”

   1 later decision quote this exact passage
   e.g. Bagley v. Bagley

2. “the absence of punctuation marks separating ‘death of a person’ from ‘of another’ signifies that the two are connected and that they are separate from the other clauses in the statute. Plainly read, [the wrongful death statute] uses the phrase ‘of another’ to mean a person other than the decedent. This reading evidences a legislative intent to exclude situations in which the decedent’s own wrongful act or neglect caused his death. 14”

   1 later decision quote this exact passage
   e.g. Bagley v. Bagley

3. “Except as provided in Title 34A, Chapter 2, Workers’ Compensation Act, when the death of a person is caused by the wrongful act or neglect of another, his heirs, or his personal representatives for the benefit of his heirs, may maintain an action for damages against the person earning the death, or, if the persón is employed by another person who is responsible for his conduct, then against the other person. 12”

   1 later decision quote this exact passage
   e.g. Bagley v. Bagley