437 F. Supp. 2d 1085 - Gandy v. United States’s Empirical Analysis
2006
Citation profile
3 district · 2 state decisions
Relationships
Applies 28 U.S.C. § 1346 (Federal Tort Claims Act)
Relies on Richards v. United States · Pezzulli v. D'Ambrosia · MacNeil v. Perkins · 24 Ariz. App. 233 - Barnum v. Rural Fire Protection Company · Barnes v. Outlaw
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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Every cause of action, except a cause of action for damages for breach of promise to marry, seduction, libel, slander, separate maintenance, alimony, loss of consortium or invasion of the right of privacy, shall survive the death of the person entitled thereto or liable therefor, and may be asserted by or against the personal representative of such person, provided that upon the death of the person injured, damages for pain and suffering of such injured person shall not be allowed.”
1 later decision quote this exact passage · from the majority“The former permits recovery for the wrong to the injured person and is confined to his personal loss while the latter is for the wrong to the beneficiaries, confined to their loss because of the death. The latter begins where the former ends and recovery on both is not a double recovery for a single wrong but rather separate recoveries for different wrongs.”
1 later decision quote this exact passage · from the majority“A wrongful death claim and a survival claim are separate claims arising from the same incident.”
1 later decision quote this exact passage · from the majority
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.