Terrell v. Garcia’s Empirical Analysis
1973
Citation profile
2 federal appellate · 2 district · 46 state decisions
How this case has been cited
Cited by 53 later decisions — most recently June 2017 · most notably 64 Wis. 2d 514 - Rieck v. Medical Protective Co. (1974), University of Arizona Health Sciences Center v. Superior Court (1983)
2 federal appellate · 2 district · 46 state decisions — followed in 28 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 Roe v. Wade · Griswold v. State of Connecticut · Doe v. Bolton · 251 Cal. App. 2d 303 - Custodio v. Bauer · Gleitman v. Cosgrove
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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Irrespective of the public policy view, adoption of the `benefits rule' as suggested by Troppi , would present unsurmountable problems of proof under our present standards for proof of damages. Proof could undoubtedly be offered regarding the cost of care and maintenance for a hypothetical child, although the standard of living and extent of education to be provided such child would undoubtedly require considerable conjecture and speculation by the trier of facts. . . . . "... Nevertheless, as recognized in Hays and Troppi , the satisfaction, joy and companionship which normal parents have in rearing a child make such economic loss worthwhile. These intangible benefits, while impossible to value in dollars and cents are undoubtedly the things that make life worthwhile. Who can place a price tag on a child's smile or the parental pride in a child's achievement? Even if we consider only the economic point of view, a child is some security for the parents' old age. Rather than attempt to value these intangible benefits, our courts have simply determined that public sentiment recognizes that these benefits to the parents outweigh their economic loss in rearing and educating a healthy, normal child."”
4 later decisions quote this exact passage“"Irrespective of the public policy view, adoption of the `benefits rule' as suggested by Troppi , would present unsurmountable problems of proof under our present standards for proof of damages. Proof could undoubtedly be offered regarding the cost of care and maintenance for a hypothetical child, although the standard of living and extent of education to be provided such child would undoubtedly require considerable conjecture and speculation by the trier of facts.”
1 later decision quote this exact passage“But there is no support for the conclusion that the task cannot be performed... . In any event, the fact that the extent of damages may be difficult to ascertain should not cause the courts to throw up their hands in frustration. Even the dice player who is faced with the admittedly difficult task of rolling a”
1 later decision quote this exact passage · from the concurrence
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.