Burgess v. Perdue’s Empirical Analysis
1986
Citation profile
3 federal appellate · 32 district · 35 state decisions
How this case has been cited
Cited by 70 later decisions — most recently November 2018 · most notably Taiwo v. Kim Phan Thi Vu (1991), McKibben v. Chubb (1988)
3 federal appellate · 32 district · 35 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 Roberts v. Saylor · Dawson v. Associates Financial Services Co. of Kansas, Inc. · Hoard v. Shawnee Mission Medical Center · Savage v. Boies · Great Atlantic & Pacific Tea Co. v. Roch
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 70 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“may be found only in those cases where the conduct has been so outrageous in character, and so extreme in degree, as to go beyond the bounds of decency, and to be regarded as atrocious and utterly intolerable in a civilized society.”
4 later decisions quote this exact passage · from the majority““ ‘In most of the cases finding liability, the defendant has made the situation worse, either by increasing the danger, by misleading the plaintiff into the belief that it has been removed, or by depriving him of the possibility of help from other sources. Many of the decisions state that some such element is necessary, and that there can be no liability where the conduct in no way aggravates the situation or misleads the plaintiff, and he is left no worse off than he was before. . . . ’”239 Kan. at 481 (quoting Prosser and Keeton on Torts $ 56, pp. 381-82 [5th ed. 1984]).”
2 later decisions quote this exact passage · from the majority““In the present case, [the mother] was misled as to the status of the autopsy. She could have acted on her own to prevent the brain autopsy had she not believed [the doctor] had taken care of the matter. While [the doctor] did not directly handle the body during the autopsy, he, at least, provided apparent authority for the coroner to proceed with a full autopsy. Though [the doctor] received no monetary or other type of benefit from the performance of the autopsy, he did take on the responsibility to relay the mother’s request for a partial autopsy to the coroner. “The trial court correctly reasoned that [the doctor] created the situation which resulted in the alleged injury. The doctor assumed a duty which he was not required to assume. He did not follow through. Once performance was begun, [the doctor] owed a duty' of care toward the plaintiff.” 239 Kan. at 481-82 .”
1 later decision quote this exact passage · from the majority
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.