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← 367 NW2D 188 - Flagtwet v. Smith

Flagtwet v. Smith’s Empirical Analysis

1985

Citation profile

14
cited by 14 later decisions
3
states following
February 2019
most recently cited

2 district · 12 state decisions

How this case has been cited

Cited by 14 later decisions — most recently February 2019

2 district · 12 state decisions

501985199020002010decided

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 Sea-Land Services, Inc. v. Gaudet · 13 Ill. 2d 26 - Hall v. Gillins · Fussner v. Andert · Wycko v. Gnodtke · Hoekstra v. Helgeland

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.

  1. “[Pecuniary injury encompasses more than strictly economic losses in that it includes “the loss of decedent’s companionship and society as expressed by, but not limited to, the words ‘advice,’ ‘assistance,’ and ‘protection,’ but without consideration for the grief and mental anguish suffered by the beneficiaries because of the wrongful death.””
    2 later decisions quote this exact passage
  2. “[R]egardless of the age of the decedent in a wrongful death action, it is proper for the trier of fact to consider the loss of decedent's companionship and society resulting from such death when determining the pecuniary injury to the persons for whose benefit such action is brought under SDCL 21-5-7.”
    1 later decision quote this exact passage
  3. “If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.”
    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.