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← 214 SO3D 945 - Smith v. Thomas

Smith v. Thomas’s Empirical Analysis

2017

Citation profile

1
cited by 1 later decisions
1
states following
July 2018
most recently cited

1 state decisions

Relationships

Relies on 617 So. 2d 880 - Stobart v. State Through DOTD · Watson v. State Farm Fire and Cas. Ins. Co. · Louisiana Ins. Guar. Ass'n v. Interstate Fire & Casualty Co. · 556 So. 2d 559 - Lejeune v. Rayne Branch Hosp. · 611 So. 2d 1377 - Smith v. Matthews

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

  1. “A. The following persons who view an event causing injury to another person, or who come upon the scene of the event soon thereafter, may recover damages for mental anguish or emotional distress that they suffer as a result of the other person's injury: (1) The spouse, child or children, and grandchild or grandchildren of the injured person, or either the spouse, the child or children, or the grandchild or grandchildren of the injured person. (2) The father and mother of the injured person, or either of them. (3) The brothers and sisters of the injured person or any of them. (4) The grandfather and grandmother of the injured person, or either of them. B. To recover for mental anguish or emotional distress under this Article, the injured person must suffer such harm that one can reasonably expect a person in the claimant's position to suffer serious mental anguish or emotional distress from the experience, and the claimant's mental anguish or emotional distress must be severe, debilitating, and foreseeable. Damages suffered as a result of mental anguish or emotional distress for injury to another shall be recovered only in accordance with this Article.”
    1 later decision quote this exact passage
  2. “the most we will pay for all damages resulting from bodily injury to any one person injured in any one accident, including all damages sustained by other persons as a result of that bodily injury .”
    1 later decision quote this exact passage
  3. “632 So.2d at 745 . Here, Hebert's wife and children did not suffer bodily injury”
    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.