McMickens v. Waldrop’s Empirical Analysis

Citation profile

1 federal appellate · 1 district · 7 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “the right of a personal representative to bring an action for wrongful death within two years of the death of his `testator or intestate.'”

   2 later decisions quote this exact passage
   e.g. Hall v. Chi · Okeke v. Craig

2. “"(a) All actions against physicians, surgeons, dentists, medical institutions, or other health care providers for liability, error, mistake, or failure to cure, whether based on contract or tort, must be commenced within two years next after the act, or omission, or failure giving rise to the claim, and not afterwards; provided, that if the cause of action is not discovered and could not reasonably have been discovered within such period, then the action may be commenced within six months from the date of such discover}' or the date of discovery of facts which would reasonably lead to such discovery, whichever is earlier; provided further, that in no event may the action be commenced more than four years after such act. . . . "(b) Subsection (a) of this section shall be subject to all existing provisions of law relating to the computation of statutory periods of limitation for the commencement of actions, namely, Sections 6-2-1 , 6-2-2 , 6-2-3 , 6-2-5 , 6-2-6 , 6-2-8 , 6-2-9 , 6-2-10 , 6-2-13 , 6-2-15 , 6-2-16 , 6-2-17 , 6-2-30 , and 6-2-39 ; provided, that notwithstanding any provisions of such sections, no action shall be commenced more than four years after the act, omission, or failure complained of. . . ."”

   1 later decision quote this exact passage
   e.g. 946 So. 2d 849 - Johnson v. BROOKWOOD MEDICAL CENTER

3. “Suppose the parents of a minor who died at age two allegedly [as the result of] medical malpractice, brought suit just prior to the child's eighth birthday. Clearly, the statute of limitations defense would prevail because the tolling provision of the Medical Liability Act (`until his eighth birthday') could not be invoked to lengthen the Wrongful Death Act's two-year period of limitations. On the other hand, if the child died just prior to his eighth birthday, allegedly the result of a medical malpractice injury at the age of two, the Wrongful Death action could be commenced within two years from the date of the child's death. The discovery provisions of the Medical Liability Act are subject to like application.”

   1 later decision quote this exact passage · from the majority
   e.g. Hall v. Chi