Theriault v. Swan’s Empirical Analysis
1989
Citation profile
3 federal appellate · 2 district · 8 state decisions
How this case has been cited
Cited by 14 later decisions — most recently June 2019
3 federal appellate · 2 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 Gammon v. Osteopathic Hospital of Maine, Inc. · Werner v. Lane · 42 Md. App. 291 - Kelch v. Mass Transit Administration · State v. Mason · Gendron v. Pawtucket Mutual Insurance
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In order to recover for either negligent or reckless infliction of emotional distress, a plaintiff must demonstrate that the harm alleged reasonably could have been expected to befall the ordinarily sensitive person. Gammon v. Osteopathic Hospital of Maine, Inc., 534 A.2d 1282, 1285 (Me.1987). When the harm reasonably could affect only the hurt feelings of the supersensitive plaintiff-the eggshell psyche-there is no entitlement to recovery. Id. If, however, the harm reasonably could have been expected to befall the ordinarily sensitive person, the tortfeasor must take his victim as he finds her, extraordinarily sensitive or not. Restatement (Second) of Torts § 461 (1975).”
2 later decisions 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.