Public-domain · open source
OpenJurist
← 241 Va. 467 - Blondel v. Hays

Blondel v. Hays’s Empirical Analysis

1991

Citation profile

72
cited by 72 later decisions
2
states following
December 2015
most recently cited

3 federal appellate · 59 state decisions

How this case has been cited

Cited by 72 later decisions — most recently December 2015 · most notably Kilpatrick v. Bryant (1993), 42 Va. App. 739 - Seaton v. Commonwealth (2004)

3 federal appellate · 59 state decisions

370199120002010decided

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 Tilton v. Missouri Pacific Railroad · Hicks v. United States · Thompson v. Sun City Community Hospital, Inc. · Brown v. Koulizakis · Hadeed v. Medic-24, Ltd.

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

  1. “[wjhen a physician’s or surgeon’s negligent action or inaction has effectively terminated a person’s chance of survival, he will not be permitted to raise conjectures as to possible chances for survival that he has put beyond realization. If there was any substantial possibility of survival and the defendant has destroyed it, he is answerable. Rarely is it possible to demonstrate to an absolute certainty what would have happened if certain actions had been taken. The law does not in all circumstances require a plaintiff to show to a certainty that a patient would have lived had he been operated on promptly.”
    4 later decisions quote this exact passage · from the majority
  2. “a decisional standard for the guidance of trial courts in deciding a motion to strike the evidence. It teaches, in short, that if a plaintiff’s evidence has shown that the defendant’s negligence has destroyed any substantial possibility of the patient’s survival, then there is sufficient evidence of proximate cause to go to the jury, and a motion to strike the evidence on that ground should be overruled.”
    4 later decisions quote this exact passage · from the majority
  3. “indiscriminate use of language from appellate opinions in a jury instruction”
    2 later decisions 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.