Heuser v. Crum’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We are of the opinion that the procedure employed by appellant in the circumstances presented herein was proper. The administrators involved here voluntarily accepted appointment in the first instance, and thereby subjected themselves to the burdens of administration. Those burdens necessarily.included the possibility that an action might be maintained under Section 2117.07, Revised Code, seeking recovery from decedent’s insurer. ' The fact that the estate has been closed does not affect appellant’s right to proceed under the latter statute. The reappointment places no further burden on ap- pellees, or the estate, as they are nominal defendants only; the estate will not be chargeable with any recovery resulting from the action and the insurance company will be required to defend the action. “We hold that in a negligence action for the recovery of damages, instituted under R.C. 2117.07 against an administrator seeking to recover only from the decedent’s liability insurer, where the administrator of the estate of the decedent has been discharged and the estate closed, the Probate Court may reappoint the administrator or appoint some other suitable person for the purpose of accepting service of summons.””

   1 later decision quote this exact passage
   e.g. 4 Ohio App. 3d 55 - Gentile v. Carr

2. ““By operation of law, the decedent’s liability insurer is now the sole entity that can be required to respond in possible damages to the appellants’ allegations. As such, it is the only defendant below which has any interest in the outcome of this litigation. It arrives at this position by virtue of the contract it made with the decedent and the consideration which supports that contract. The presence of a legal representative of the estate under these facts has become perfunctory; a methodical posture which is maintained out of a desire to obviate any possibility that the existence of an insurer as a party defendant could influence the verdict of the jury. In order to implement that posture, these appellants’ best course of action would have been to have had the administratrix reappointed, or ‘some other suitable person’ appointed, to receive service of summons (see In re Estate of George, infra) and have acquired service upon such person in his representative capacity. Nevertheless, we are convinced that the failure to follow that exact procedure in the instant case should not, in itself, bar appellants from their action.””

   1 later decision quote this exact passage
   e.g. 4 Ohio App. 3d 55 - Gentile v. Carr

3. “"Where it is alleged in an action for bodily injuries that such injuries were proximately caused by the negligence of a decedent and that he had a policy of insurance insuring him against liability for such negligence, and it does not appear that any other claims covered by such insurance have been asserted, such action may be brought against the executor or administrator of such decedent, and decedent's liability insurer, at any time within the statute of limitations on such actions without presenting a claim against the estate within the time specified in R.C. 2117.06 or R.C. 2177.07[.]" (Emphasis added.) Id. at paragraph two of the syllabus.”

   1 later decision quote this exact passage
   e.g. Erie Insurance Group v. Meier, 07ca0012 (10-22-2007)