Egan v. Naylor’s Empirical Analysis
1973
Citation profile
4 federal appellate · 1 district · 19 state decisions
How this case has been cited
Cited by 25 later decisions — most recently October 2016 · most notably Weitl v. Moes (1981), Lynnette D. Koppinger, Etc. v. Cullen-Schiltz & Associates, Etc., Lynnette D. Koppinger, Etc. v. Merl Goerdt, Etc., Lynnette D. Koppinger, Etc. v. Iowa Public Service Co., Etc. (1975)
4 federal appellate · 1 district · 19 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 Wendelin v. Russell · Wardlow v. City of Keokuk · Northwestern Bell Telephone Co. v. Hawkeye State Telephone Co. · Pride v. Peterson · Schmitt v. Jenkins Truck Lines, Inc.
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In any action for damages because of the wrongful or negligent injury or death of a woman, there shall be no disabilities or restrictions, and recovery may be had on account thereof in the same manner as in cases of damage because of the wrongful or negligent injury or death of a man. In addition she, or her administrator for her estate, may recover for physician’s services, nursing and hospital expense, and in the case of both women and men, such person, or the appropriate administrator, may recover the value of services and support as spouse or parent, or both, as the case may be, in such sum as the jury deems proper; provided, however, recovery for these elements of damage may not be had by the spouse and children, as such, of any person who, or whose administrator, is entitled to recover same.”
2 later decisions quote this exact passage““We believe a right of action which survives a decedent is created by § 611.-20; the 'person who may bring it is designated by § 611.22; the measure of recovery as to a spouse and parent is fixed by § 613.15; and the distribution of damages recovered is determined by § 633.336. * * * “ * * * Since wrongful death damages are distributed like personal property in the estate, beneficiaries other than the spouse and children may receive substantial benefit from a recovery where the decedent dies testate. * * * It is anomalous that our statutes confer the right to recover for loss of services and support of a deceased spouse and parent on the decedent’s estate rather than on those who incurred the loss. Since the question is legislative we are .unable to fashion a judicial remedy.””
2 later decisions quote this exact passage“Iowa recognizes no common law action for wrongful death. Power to maintain such actions is entirely statutory. Our first statute was enacted in 1851 as Code § 2501. That section is today § 611.20, a survival statute, which keeps alive for the benefit of his estate the cause of action which the deceased prior to his death could have brought had he survived the injury, with recovery enlarged to include the wrongful death.”
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.