Quick v. Thurston’s Empirical Analysis

Citation profile

30 federal appellate · 6 district · 22 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 60 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In other words, ladies and gentlemen, the mere fact that an unsuccess ful result follows medical treatment is not of itself evidence of negligence, and the doctrine of res ipsa loquitur does not apply. A bad result or a failure to cure is not in itself alone sufficient to raise an inference or a presumption of negligence on the part of the dentist, because the doctrine of res ipsa loquitur does not apply in malpractice suits against dentists, but negligence must be affirmatively proven. This the plaintiff has failed to do, and the motion of the defendant for an instructed verdict in his favor is granted, and you are instructed to return a verdict in favor of the defendant.”

   1 later decision quote this exact passage
   e.g. Smith v. Reitman

2. “that degree of care and skill ordinarily exercised by the profession in his own or similar localities.”

   1 later decision quote this exact passage
   e.g. Washington Hospital Center v. Robert Butler, Administrator of the Estate of Beatrice H. Butler, Deceased, James E. Wissler v. Robert Butler, Administrator of the Estate of Beatrice H. Butler, Deceased