Weaver v. Witt’s Empirical Analysis
1977
Citation profile
4 federal appellate · 119 state decisions
How this case has been cited
Cited by 135 later decisions — most recently December 2018 · most notably Moreno v. Sterling Drug, Inc. (1990), S.V. v. R.V. (1996)
4 federal appellate · 119 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 Zale Corporation v. Rosenbaum · Torres v. Western Casualty and Surety Company · Nichols v. Smith · Wise v. Anderson · Hays v. Hall
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 135 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he legal principle that a statute of limitations barring prosecution of an action [in that case medical malpractice] runs, not from the date of the practitioner’s wrongful act or omission, but from the date the nature of the injury was or should have been discovered by the plaintiff. [Citations omitted] The rule is not a plea of confession and avoidance but is the test to be applied in determining when a plaintiff’s cause of action accrued. To be entitled to summary judgment, the burden is on the movant ... to negate the pleading of the discovery rule by proving as a matter of law that there is no genuine issue of fact concerning the time when the [defendant] discovered or should have discovered the nature of the injury. Zale v. Rosenbaum, 520 S.W.2d 889 (Tex.1975); Oram v. General American Oil Company of Texas, 513 S.W.2d 533 (Tex.1974); Torres v. Western Casualty & Surety Co., 457 S.W.2d 50 (Tex.1970).”
6 later decisions quote this exact passage · from the majority“Notwithstanding any other law no health care liability claim may be commenced unless the action is filed within two years from the occurrence of the breach or tort or from the date the medical or health care treatment that is the subject of the claim or the hospitalization for which the claim is made is completed; ... (Emphasis added.)”
3 later decisions 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.