Williams v. Legree’s Empirical Analysis

Citation profile

5 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. ““The Supreme Court of Florida has established three points critical to a suit under Section 768.03 where both parents are alive but are living apart. First, the existence vel non of a court order designating which parent had legal custody of the deceased child is immaterial. Covey v. Eppes, Fla.1963, 153 So.2d 3, 4 , construing Haddock, for Use and Benefit of Wiggins v. Florida Motor Lines Corp., 1942, 150 Fla. 848 , 9 So.2d 98 . Secondly, Section 768.03(1) vests in each parent individually the right to recover damages for mental pain and suffering sustained as a result of the child’s death, and this right is retained by each parent regardless of the state of their domestic af fairs at the time of the child’s death. Covey v. Eppes, supra at 153 So.2d 4 ; Haddock, for Use and Benefit of Wiggins v. Florida Motor Lines Corp., supra at 150 Fla. 851 , 9 So.2d at 100 . Thirdly, the right to recover for the loss of the deceased child’s services belongs to the parent who was actually supporting said child. Covey v. Eppes, supra 153 So.2d at 4 , construing Haddock, for Use and Benefit of Wiggins v. Florida Motor Lines Corp., supra. * * * ” (Emphasis supplied.)”

   1 later decision quote this exact passage
   e.g. 238 So. 2d 131 - McDonald v. Forman

2. “[A] complaint which sufficiently states a cause of action is not rendered vulnerable to a motion to dismiss by its allegation of an improper element of damages.”

   1 later decision quote this exact passage
   e.g. 899 So. 2d 1222 - SHANDS TEACHING HOSP. v. Beech St. Corp.