Evans v. Olson’s Empirical Analysis
1976
Citation profile
1 federal appellate · 28 state decisions
How this case has been cited
Cited by 30 later decisions — most recently January 2016 · most notably Summerfield v. Superior Court, Maricopa Cty. (1985), Amadio v. Levin (1985)
1 federal appellate · 28 state decisions — followed in 14 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 Woods v. Lancet · Smith v. Brennan · Verkennes v. Corniea · 91 Ga. App. 712 - Porter v. Lassiter · State Ex Rel. Odham v. Sherman
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Argument is made the legislative intent of § 1053 requires a denial of wrongful death action to a stillborn for the legislature has remained passive and not amended the statute to allow such an action since Howell [v. Bushing, 261 P.2d 217 (Okl.1953)] [i.e. an earlier judicial decision which rejected such an action] in 1953 — a period of over 20 years. We do not agree. It is not § 1053 or its intent that is changed by this decision. The change comes in the common-law as applied in this jurisdiction so as to more fully adapt to present day life. The intent of § 1053 was to allow a death action if the deceased might have maintained an action had he lived. Having here recognized a common-law negligence action to a surviving child suffering a prenatal injury, it must follow that a wrongful death action may be maintained for a viable fetus which is stillborn. No violence has been done to the legislative intent under § 1053.”
2 later decisions quote this exact passagee.g. Hughes v. State · Nealis v. Baird“[The common-law in Oklahoma as to such a cause of action has been too rigid. It should be flexible and elastic enough to adapt to the facts of life in light of our scientific knowledge and modern society.”
2 later decisions quote this exact passage“"A. When the death of one is caused by the wrongful act or omission of another, the personal representative of the former may maintain an action therefor against the latter, or his personal representative if he is also deceased, if the former might have maintained an action, had he lived, against the latter, or his representative, for an injury for the same act or omission. . . ." [57]”
1 later decision quote this exact passagee.g. Nealis v. Baird
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.