McKinney v. Schuster’s Empirical Analysis

Citation profile

2 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““As to the second cause of action for conscious pain and suffering, no such action existed in this state at common law. It exists in this state now by virtue of statute. Decedents’ Estate Law, §§ 118-120. Independent research does not indicate the existence of any such cause of action in Virginia either at common law or by statute, in addition to the cause of action for wrongful death. It must be presumed that the common law of Virginia is the same as ours. Southworth v. Morgan, 205 N.Y. 293 [294], 296, 98 N.E. 490, 491 , 51 L.R.A.,N.S., 56. If such a cause of action exists under Virginia Law, it must be pleaded. Southworth v. Morgan, 205 N.Y. 293, 296 , 98 N.E. 490, 491 , 51 L.R.A.,N.S., 56. The complaint fails to do so and, therefore, fails to state a cause of action for conscious pain and suffering.” 110 N.Y.S.2d at page 79 .”

   1 later decision quote this exact passage
   e.g. 149 F. Supp. 417 - Herman v. Eastern Airlines, Inc.