Ricks v. Coffelt’s Empirical Analysis

Citation profile

2 federal appellate · 1 district · 4 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The history of the no-fault statute bears reference. In its initial form 21 Del.C. § 2118 contained somewhat different language and provided for compensation for reasonable and necessary medical expenses and for loss of earnings “incurred or medically ascertainable within 12 months of said accident.” From the use of both “incurred” and “ascertainable” in the disjunctive, it appears that the statute did not consider “incur” to encompass that which was ascertainable or foreseea ble. In this context, “incurred” referred to earnings whose loss was experienced in the then 1-year period while earnings whose loss was experienced thereafter would be compensable if ascertainable during the 1-year period. Under that language “incurred” meant earnings which would have been earned or received during the period. The section was revised substantially by 59 Delaware Laws Chapter 574 which became effective January 1, 1975 and contained the language discussed above. The 1975 revision retained the word “incurred” with respect to lost earnings, extra expenses and medical expenses and eliminated any reference to matters which were “ascertainable”. The concept of “ascertainable” expenses was replaced, insofar as medical expenses and lost earnings related to medical treatment were concerned, by the requirement that they be “ascertained” within a 2-year period. However, this provision does not apply to lost earnings that are not related to medical treatment performed after the 2-year period. Ca ru”

   1 later decision quote this exact passage
   e.g. United States Fidelity & Guaranty Co. v. Neighbors

2. ““If one dies as a result of another’s negligence, it is unreasonable to assume a legislative intent which would permit the tortfeasor, by the excessiveness of his own wrongful act, to escape the full measure of damages which would have been recoverable had the injured party lived. A rule of reason requires that the measure of damages recoverable by a decedent’s personal representative be the same, basically, as if the injured party had survived.””

   1 later decision quote this exact passage
   e.g. Yamaguchi v. State Farm Mutual Automobile Insurance