46 Ala. App. 666 - Baggett v. Webb’s Empirical Analysis

Citation profile

3 federal appellate · 30 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"No new cause of action was created by [§ 25-5-11]. The wrongful death action was created by [§ 6-5-410]. [§ 25-5-11] only extended the right to bring such action to dependents of a deceased.... Previous to [§ 25-5-11] only the administrator of the deceased's estate could bring a wrongful death action. [§ 6-5-410]. Since the enactment of [§ 25-5-11], ... [i]f the deceased is an employee coming within the provisions of Workmen's Compensation and has dependents, any action for his wrongful death against a negligent third party must be brought by his dependents under [§ 25-5-11]." [Emphasis added.]”

   4 later decisions quote this exact passage
   e.g. 409 So. 2d 822 - Braxton v. Dixie Elec. Co-Op., Inc. · 601 So. 2d 962 - Millers Mut. Ins. Ass'n v. Young

2. “Damages and compensation both recoverable; subrogation.-Whenever any person is called upon to pay compensation, medical expenses and/or funeral expenses on account of injury or death compensable under this Title, and such person contends that a person or persons other than the employer is liable to pay damages, on account of such injury or death, to the injured employee or those entitled to recover for the employee's death, such person called upon to make such payment may give to the persons contended to be so liable and to the injured employee or those entitled to recover on account of his death written notice of such contention and of the fact that the person giving notice is required to make such payment. Upon giving such written notice, the person called upon to make such payment shall be subrogated, to the extent of the compensation medical expenses and/or funeral expenses payable, to all rights arising out of the injury or death which the injured employee or those entitled to recover on account of his death shall have against such notified persons, and shall have a lien therefor against the net recovery of any judgment or settlement recovered by the injured employee or those entitled to recover on account of the employee's death against any of the persons so notified.”

   1 later decision quote this exact passage
   e.g. Johnson v. Lee

3. ““If the injury or death for which compensation is payable under Articles 3 or 4 of this chapter [i.e., the Act] was caused under circumstances also creating a legal liability for damages on the part of any party other than the employer, whether or not the party is subject to this chapter, the employee, or his or her dependents in case of death, may proceed against the employer to recover compensation under this chapter or may agree with the employer upon the compensation payable under this chapter, and at the same time, may bring an action against the other party to recover damages for the injury or death, and the amount of the damages shall be ascertained and determined without regard to this chapter.””

   1 later decision quote this exact passage
   e.g. Roblero v. Cox Pools of the Southeast, Inc.