Fussner v. Andert’s Empirical Analysis
1961
Citation profile
12 federal appellate · 2 district · 102 state decisions
How this case has been cited
Cited by 118 later decisions — most recently June 2006 · most notably 102 Ill. 2d 505 - Bullard v. Barnes (1984), Sanchez v. Schindler (1983)
12 federal appellate · 2 district · 102 state decisions — followed in 17 states
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 Verkennes v. Corniea · Montgomery v. Stephan · Wycko v. Gnodtke · Hoekstra v. Helgeland · 109 Ohio App. 431 - Stidam v. Ashmore
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 118 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]here is a growing appreciation of the true value to the parent of the rewards which flow from the family relationship and are manifested in acts of material aid, comfort, and assistance....”
4 later decisions quote this exact passage““Moreover, it should be acknowledged that the death-by-wrongful-act statute is remedial in character and it is the court’s duty to construe it liberally in light of current social conditions. * * * ****** “We have often said that the measure of damages is the money value to the survivor of the continuance of decedent’s life, measured by the money value of what the evidence shows the decedent probably or with reasonable certainty would have contributed in money, property, or services during the remainder of his life. Yet in case after case we have approved verdicts in amounts which have apparently exceeded the measure permitted by the strict pecuniary-loss rule. It may also be said that courts have been loath to scrutinize verdicts closely in an attempt to break them down to determine the actual money loss established. This is not only because such verdicts are by the very nature of the action speculative, but also because of the emotional factors involved, allowance is made for elements of loss which are not within the limits of recovery set by the rule.””
2 later decisions quote this exact passage“"may have met the needs of the community in the last century when our society was largely rural and a child might be considered an economic asset. The changes which have occurred in the social and economic life of the community since the test was first adopted require a reappraisal of its meaning and application. We must view the death-by-wrongful-act statute in the light of present-day conditions."”
2 later decisions 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.