Smith v. Kauffman’s Empirical Analysis

Citation profile

9 federal appellate · 2 district · 108 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 127 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “`Domestic harmony may be more threatened by denying a cause of action than by permitting one where there is insurance coverage. The cost of making the insured spouse whole would necessarily come out of the family coffers, yet a tortfeasor spouse surely anticipates that he will be covered in the event his negligence causes his spouse injuries. This unexpected drain on the family's financial resources could likely lead to an interference with the normal family life.... In short, the immunity doctrine cannot be fairly sustained on the basis that negligence suits between husbands and wives will disrupt the harmony of the family.'”

   3 later decisions quote this exact passage · from the majority
   e.g. 614 So. 2d 906 - Glaskox by and Through Denton v. Glaskox · Guffy Ex Rel. Reeves v. Guffy

2. ““The very high incidence of liability insurance covering Virginia-based motor vehicles, together with the mandatory uninsured motorist endorsements to insurance policies, has made our rule of parental immunity anachronistic when applied to automobile accident litigation. In such litigation, the rule can be no longer supported as generally calculated to promote the peace and tranquility of the home and the advantageous disposal of the parents’ exchequer.” 212 Va. at 185 , 183 S.E.2d at 194 .”

   1 later decision quote this exact passage · from the majority
   e.g. Wright v. Wright