Emmons v. Keller’s Empirical Analysis

Citation profile

15 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * an injury to or an occupational disease contracted by an employee causes his death, and if (1) his death ensues within a period of three years after the injury or the beginning of disability due to the occupational disease, or (2) compensation for total disability, or partial disability as provided in Section 4123.57 of the Revised Code, on account of the injury or occupational disease which caused his death has been paid for any portion of the year next preceding the date of the death of such employee* * (Emphasis added.)”

   3 later decisions quote this exact passage
   e.g. 35 Ohio App. 2d 201 - Delozier v. Sommer · DeLozier v. Sommer

2. “‘ ‘ One part of a statute may be invalid for want of conformity to the Constitution without affecting the validity of the remainder of the statute, where the invalid part may be stricken and is not in its nature and connection so essential to the remainder of the statute or so related to the general purpose of its enactment as to warrant the conclusion that the General Assembly would have refused to adopt the statute with the invalid part thereof stricken therefrom. ’ ’”

   2 later decisions quote this exact passage
   e.g. Hiram Twp. v. Carlton, Unpublished Decision (9-29-2006) · Fleischman v. Flowers

3. ““It is possible to imagine instances where division (2) of the foregoing quoted portion of the 1963 amendment to Section 4123.59, Revised Code, could enable a jury to allow a death claim that was far less meritorious than one that could not even be submitted to a jury under the working of that division (2). “For example, an injured employee earning $100 per week might be seriously enough injured (75% impairment of earning capacity), so as to receive, under Section 4123.-57 (A), Revised Code, the limit of $10,000 for partial disability within less than four years. If he died five years after his injury, Section 4123.59, Revised Code, would prevent any claim on account of his death, even though there was a definite proximate causal relationship between his injury and his death. On the other hand, an employee earning the same amount might be much less seriously injured so that he would have only a 10% impairment of earning capacity. He could receive compensation for partial disability under Section 4123.57 (A) for approximately 29 years before receiving the $10,000 limitation for partial disability. Thus, under Section 4123.59, Revised Code, a claim for his death could be maintained for approximately 29 years after his injury.””

   1 later decision quote this exact passage
   e.g. Fleischman v. Flowers