Sprouse v. Hawk’s Empirical Analysis
1990
Citation profile
4 state decisions
How this case has been cited
Cited by 5 later decisions — most recently March 2011
4 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 Breed v. Atlanta, B. C. R. Co. · 156 N.J. Super. 215 - Satzinger v. Satzinger · 547 So. 2d 467 - Auto-Owners Ins. Co. v. Hudson · Jones v. McGuirt
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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Except for the Wrongful Death Statute, there could be no damages of any kind recovered for wrongful death, because no right to damages because of wrongful death existed under the common law. Breed v. Atlanta, B. C.R.R. , 241 Ala. 640 , 4 So.2d 315 (1941). The Wrongful Death Statute is entirely *Page 1115 a creation of the legislature. In the case at hand, the only damages recoverable result from the fact that Mary Hawk was killed, and the only action available to redress the wrong is vested by statute in the personal representative. That is, in order for the personal representative to recover any damages from the tort-feasor, whether by way of settlement or by civil action, a claim must be made under the Alabama Wrongful Death Statute. Under the Uninsured Motorist Statute, the insurer's contractual obligation is `for the protection of persons insured . . . who are legally entitled to recover damages from owners or operators of uninsured motor vehicles because of bodily injury, sickness or disease, including death, resulting therefrom.' Ala. Code 1975, § 32-7-23 . In this case, that payment could only be in lieu of, and based on an entitlement to, damages under the Wrongful Death Statute."”
1 later decision quote this exact passage“[T]he decision whether to remove a person as an executor of an estate is left to the discretion of the trial court. This Court's review on appeal is limited to determining whether the trial court [exceeded the limits of] its discretion. Jones v. McGuirt , 416 So.2d 970 (Ala. 1982).”
1 later decision quote this exact passage“[t]he damages recovered [from a wrongful-death action] are not subject to the payment of the debts or liabilities of the testator or intestate, but must be distributed according to the statute of distributions.”
1 later decision 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.