Ray v. Scheibert’s Empirical Analysis
1972
Citation profile
1 federal appellate · 14 state decisions
How this case has been cited
Cited by 20 later decisions — most recently May 2015
1 federal appellate · 14 state decisions
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 Albert v. Sherman · 1 Cal. App. 3d 790 - Berkey v. Anderson · 41 Tenn. App. 572 - Hall v. De Saussure · Whaley v. Catlett · Valdez v. Percy
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In our opinion an honest mistake made by a physician in diagnosing the cause of a patient’s infirmity, standing alone, is not evidence of fraudulent concealment. “Our Tennessee cases hold that knowledge on the part of the physician of the fact of a wrong done is an essential element of fraudulent concealment. Clinard v. Pennington (1969), 59 Tenn.App. 128 , 438 S.W.2d 748 . “In the Pennington case this Court said: “ ‘The essence of fraudulent concealment is knowledge in the possession of the person committing the fraud. * * * f >}”
2 later decisions quote this exact passage““(a) That a person (in possession of his faculties and in such physical health as to be able to be consulted as to his condition and no emergency existing making it impracticable to confer with him) has the right to say whether or not any contemplated surgical operation shall be performed upon him; (b) that a surgical operation performed upon such a person without his consent is wrongful and unlawful and amounts tó a trespass upon the person and is assault and battery; (c) that such person may maintain an action against the surgeon for damages, if any have been sustained, because of such wrongful operation; and (d) such an action may be maintained though the surgeon was learned and skillful and exercised due care and skill in all he did.””
1 later decision quote this exact passagee.g. Housh v. Morris“actual knowledge of the commission of the tort.”
1 later decision quote this exact passage
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.