372 Ill. App. 3d 211 - Williams v. Manchester’s Empirical Analysis

Citation profile

5 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The parties concur that the primary issue in the case before us is grounded in established tort principles surrounding proximate cause. Specifically, the parties agree that the primary issue presented in this case is whether a party’s negligence causing injury to a pregnant woman may make it foreseeable that she will decide to undergo an abortion to facilitate her own medical treatment, so that the original tortfeasor will be the proximate cause of the fetus’ death, or if the woman’s decision to abort becomes a superceding cause of the fetus’ death thereby relieving the original tortfeasor of liability for the fetus’ death.” (Emphases added.) 372 Ill. App. 3d at 223 .”

   1 later decision quote this exact passage · from the dissent
   e.g. 228 Ill. 2d 404 - Williams v. Manchester

2. ““The majority’s proximate cause analysis and conclusion that the negligence of [defendant] can be causally linked to the abortion extends the reach of the wrongful death statute beyond its plain language. Put another way, the proximate cause analysis of the majority relies on a theory that the ‘death’ of the fetus is the ‘injury’ that supports the wrongful death cause of action. The analysis, I respectfully submit, writes out of the Wrongful Death Act the requirement that there must have been an actionable injury to the fetus with recoverable damages that could have been maintained had death not intervened.” 372 Ill. App. 3d at 250-51 (Cahill, J., dissenting).”

   1 later decision quote this exact passage · from the dissent
   e.g. 228 Ill. 2d 404 - Williams v. Manchester