Madison v. Colby’s Empirical Analysis

Citation profile

2 federal appellate · 34 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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “As a result of our holding in Audubon-Exira and this case, all loss of consortium recoveries, whether pursuant to common law, rule 8 or section 613.15, go to the person who incurred the loss. In each instance recovery is for tangible and intangible elements as a unified whole. Furthermore, only one recovery of consortium damages is allowed. The right of recovery in each relationship category can be charted as follows: [then follows a chart showing inter alia that damages for loss of pre-death parental consortium are recovered by the injured parent for the deprived child]. As a practical matter, this interpretation nullifies an injured person’s right under section 613.15 to recover personally for a spouse or child’s loss of consortium, but we believe this result is demanded by the overriding legislative intent, the spirit of the statute, and the historical interplay between the common law and the statute. To assure further against double recovery, it is desirable that consortium actions be joined with the action for the injury or death of the injured person. In some jurisdictions joinder is mandatory while in others it is required when feasible. See Weitl, 311 N.W.2d at 268 . Based on the considerations explored in Weitl , we hold that consortium claims must be joined with the injured person’s or administrator’s action whenever feasible. If brought separately, the burden will be on the consortium claimant to show joinder was not feasible. See id. at 270 .”

   2 later decisions quote this exact passage · from the dissent
   e.g. Bryan v. Hall · Beeck v. S.R. Smith Co.

2. “In any action for damages because of the wrongful or negligent injury or death of a woman, there shall be no disabilities or restrictions, and recovery may be had on account thereof in the same manner as in cases of damage because of the wrongful or negligent injury or death of a man. In addition she, or her administrator for her estate, may recover for physician’s services, nursing and hospital expense, and in the case of both women and men, such person, or the appropriate administrator, may recover the value of services and support as spouse or parent, or both, as the case may be, in such sum as the jury deems proper; provided, however, recovery for these elements of damage may not be had by the spouse and children, as such, of any person who, or whose administrator, is entitled to recover same.”

   1 later decision quote this exact passage
   e.g. 147 F. Supp. 3d 806 - Roth v. Evangelical Lutheran Good Samaritan Society

3. “In our caselaw, we have reiterated these points: Authority to sue for lost services and the recovery belonged to the injured person rather than the deprived spouse or child in the action under section 613.15. If the person died, the only further recovery could be made under ... section 613.15in the case of death of a spouse or parent. Authority to sue under section 613.15passed to the administrator but, under section 633.336, the recovery was to be apportioned to the spouse and children of the decedent in accordance with their loss.”

   1 later decision quote this exact passage · from the dissent
   e.g. Mary E. Roth and Michael A. Roth, Individually and as Coexecutors of the Estate of Cletus Roth, Anna M. Roth, Individually, and Bradley E. Roth, Individually v. the Evangelical Lutheran Good Samaritan Society D/B/A Good Samaritan Society - George