Rogers v. Flournoy’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Civil Code section 5112: “If a married person is injured by the negligent or wrongful act or omission of a person other than his spouse, the fact that the negligent or wrongful act or omission of the spouse of the injured person was a concurring cause of the injury is not a defense in any action brought by the injured person to recover damages for such injury except in cases where such concurring negligent or wrongful act or omission would be a defense if the marriage did not exist.” Civil Code section 5126: “(a) All money or other property received by a married person in satisfaction of a judgment for damages for personal injuries or pursuant to an agreement for the settlement or compromise of a claim for such damages is the separate property of the injured person if such money or other property is received as follows: [H] (1) After the rendition of a decree of legal separation or a final judgment of dissolution of a marriage. [H] (2) While either spouse, if he or she is the injured person, is living separate from the other spouse. [11] (3) After the rendition of an interlocutory decree of dissolution of a marriage... .””

   1 later decision quote this exact passage
   e.g. 59 Cal. App. 3d 288 - Cory v. Kirby