Gillespie v. Papale’s Empirical Analysis
1982
Citation profile
4 federal appellate · 1 district · 8 state decisions
How this case has been cited
Cited by 13 later decisions — most recently November 2013
4 federal appellate · 1 district · 8 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 Diaz v. Eli Lilly & Co. · 79 Wash. 2d 198 - Baker v. CITY SEATTLE · Simons v. American Dry Ginger Ale Co. Inc. · Lee v. Allied Sports Associates, Inc. · 35 Colo. App. 73 - Barker v. Colorado Reg.-Sports Car Club of Am., Inc.
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The release does not bar Mrs. Gillespie's suit for loss of consortium. Massachusetts law provides that "either spouse has a claim for loss of consortium shown to arise from personal injury of the other spouse caused by the negligence of a third person." Diaz v. Eli Lilly and Co., 364 Mass. 153 , 302 N.E.2d 555, 564 (1973). While the loss of consortium claim is premised on defendants' having negligently injured the other spouse, it only seeks to redress damage to "the right to society and sexual relations" with that spouse and is a separate cause of action from that for personal injuries. Id. [ Lee v. Allied Sports Assoc., Inc., 349 Mass. [544] at 560-561, 209 N.E.2d 329 [(1965)]. As a result, Mrs. Gillespie's claim for loss of consortium accrues to her alone and was not barred when Mr. Gillespie waived his claim for personal injuries caused by defendant's ordinary negligence. Gillespie, supra, 541 F. Supp. at 1046-47 .”
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.