Black v. Solmitz’s Empirical Analysis
1979
Citation profile
5 district · 39 state decisions
How this case has been cited
Cited by 44 later decisions — most recently January 2024 · most notably Dubay v. Irish (1988), Tuttle v. Raymond (1985)
5 district · 39 state decisions — followed in 16 states
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 3 Cal. 3d 914 - Gibson v. Gibson · Goller v. White · Falco v. PADOS · Dunlap v. Dunlap · Hewlett v. George
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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The strong trend against across the board application of a rule of parental immunity in tort cases reflects a growing recognition that such a sweeping application results in excessive protection of the interests favored by CT Page 7918 the rule in derogation of the general principal that there should be no wrong without a remedy."”
3 later decisions quote this exact passage““A generalized policy concern to prevent fraud or collusion, as well as a paternalistic interest to protect the citizenry against itself through the elimination of temptations for fraud or collusion, are, in our view, insufficiently weighty to render tolerable the basic unfairness and inequity inhering in the denial of a remedy to one who has suffered wrong at the hands of another. We do not have so little trust in the general ethics and honor of our citizenry, and in the abilities of our judges and jurors to discern the genuine from the spurious, that we must take refuge in the kind of unselective ‘overkill’ urged by [such] argument . .” Moulton v. Moulton, supra, at 229.”
1 later decision quote this exact passage · from the dissent“1) The operation of an automobile is outside the area of parental control, authority and discretion. With respect to motor torts, the doctrine does not achieve the purpose of promoting family harmony or parental autonomy. 2) Automobile liability insurance, now widely prevalent, negates the family tranquility argument. Insurance tem pers the possibility of family discord and depletion of family resources.”
1 later decision quote this exact passage · from the dissente.g. Frye v. Frye
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.