Eiss v. Lillis’s Empirical Analysis
1987
Citation profile
2 district · 28 state decisions
How this case has been cited
Cited by 30 later decisions — most recently April 2018 · most notably Mercer v. Vanderbilt University, Inc. (2004), Sawyer v. Comerci (2002)
2 district · 28 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 Lawrence v. Wirth · Sendejar v. Alice Physicians & Surgeons Hospital, Inc. · 404 So. 2d 377 - Whitehead v. Linkous
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Were we to accept Dr. Lillis’ argument, in any case where the patient was responsible for events that led to his hospitalization, the treating physician would not be liable for negligent treatment. We reject this argument. (Citations omitted.) * * * * * * This case presents the obverse of Lawrence.I[ 13 ] There, the contention was that events after the doctor’s negligence amounted to contributory negligence. Here, the contention is that events before the doctor’s alleged negligence amounts to contributory negligence. The result must be the same in both cases, became the patients’ conduct and the main act of negligence ascribed to the doctors were not contemporaneous and could not concur.”
1 later decision quote this exact passage · from the majoritye.g. Nelson v. McCreary“The defendants, in claiming contributory negligence as a defense in this case, have the burden of proving by the greater weight of the evidence that the plaintiff was negligent on October 18, 1993 in that the plaintiff failed to tell Dr. Ward about the lump in her breast, and that this negligence was a proximate cause of the plaintiff’s injuries. Contributory negligence may be shown by the defendant’s evidence or by the plaintiff’s evidence.”
1 later decision quote this exact passage · from the majoritye.g. Gravitt v. Ward
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.