Plain v. Plain’s Empirical Analysis
1976
Citation profile
2 district · 12 state decisions
How this case has been cited
Cited by 14 later decisions — most recently October 2002
2 district · 12 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 Silesky Ex Rel. Silesky v. Kelman · Beaudette v. Frana · Miller v. Monsen · Thill v. Modern Erecting Co. · Thill v. Modern Erecting Company
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Reasoning from our decision abrogating interspousal tort immunity, [the plaintiff] asserts that a husband may recover damages from his wife for her negligent interference with any of his legally protected interests, one of which is consortium. The question is whether that interest is protected as against his own spouse. A husband’s interest in consortium is a right to such services as his wife voluntarily provides him, and the law protects this interest against interference by third parties. However, because the husband’s interest is only in services voluntarily provided him, a wife is not under a legally enforceable duty to provide such services. Consequently, she cannot be held liable for either negligently or intentionally denying him consortium. Were it otherwise, her estate would be liable if she had committed suicide or if she had died as a result of her own negligence in the accident giving rise to this action.”
1 later decision quote this exact passagee.g. McIntosh v. Barr“Action by Child for Harm Caused by Tort Against Parent One who by reason of his tortious conduct is liable to a parent for illness or other bodily harm is not liable to a minor child for resulting loss of parental support and care.”
1 later decision quote this exact passagee.g. Salin v. Kloempken
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.