Hurst v. Capitell’s Empirical Analysis
1989
Citation profile
21 state decisions
How this case has been cited
Cited by 22 later decisions — most recently October 2011
21 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 Dunlap v. Dunlap · Hewlett v. George · Owens v. Auto Mut. Indemnity Co. · 453 So. 2d 735 - Lloyd v. Service Corp. of Alabama · Hill v. Giordano
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]o leave children who are victims of such wrongful, intentional, heinous acts without a right to redress those wrongs in a civil action is unconscionable. . . .”
5 later decisions quote this exact passage · from the dissent“`[b]ecause the doctrine was judicially created, it is not exclusively a legislative issue and it may be judicially qualified,'”
2 later decisions quote this exact passage · from the dissent“"`"While the preferred method for modification of a rule of law is by legislative action, it is clearly within the power of the judiciary, and, at times appropriate for the judiciary, to change an established rule of law.... "`"... [W]here a judicial creation has become outmoded or unjust in application it is more often appropriate for the judicial body to act to modify the law."'"”
1 later decision quote this exact passage · from the dissent
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.