Evans v. Diaz’s Empirical Analysis
1993
Citation profile
30 state decisions
How this case has been cited
Cited by 34 later decisions — most recently March 2019 · most notably In Re the Investigation of the Death of Miller (2003), 160 N.C. App. 461 - Department of Transportation v. Charlotte Area Manufactured Housing, Inc. (2003)
30 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 Bolick v. American Barmag Corp. · Bowen v. CONSTRUCTORS EQUIPMENT RENTAL COMPANY · Carver v. Carver · Davenport v. . Patrick · Matter of Arthur
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]hen a statute lists the situations to which it applies, it implies the exclusion of situations not contained in the list.”
4 later decisions quote this exact passage““[I]n wrongful death actions where recovery depends on establishing the liability of a party who is also a beneficiary of the decedent’s estate, the recovery obtained shall be reduced by the party-beneficiary’s pro rata share and the party-beneficiary is precluded from participating in the recovery; but the action may be maintained on behalf of the other beneficiaries, if any. Further, if recovery in a wrongful death action depends on establishing the liability of a party who is the sole beneficiary of decedent’s estate, the action may not be brought at all.””
1 later decision quote this exact passage“the real party in interest is not the estate but the beneficiary of the recovery as defined in the [Wrongful Death] Act.”
1 later decision 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.