Dunn v. Yager’s Empirical Analysis
2011
Citation profile
10 state decisions
Relationships
Relies on International Shoe Co. v. Washington · Burger King Corporation v. Rudzewicz · World-Wide Volkswagen Corp. v. Woodson · Helicopteros Nacionales De Colombia, S. A. v. Hall · Asahi Metal Industry Co. v. Superior Court of Cal., Solano Cty.
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[N]o doctor could comply with a requirement to disclose every possible risk to every procedure. Therefore, the physician must disclose only material known risks. A known risk is one which would be known to a careful,- skillful, diligent and prudent practitioner or specialist. Once the known risks are enumerated, they can then be evaluated as to which are material.' The physician may not be required to inform the patient of unexpected or immaterial risks. Among the many factors which could weigh on the question of materiality are frequency of occurrence, potential severity or danger associated with the risk, and the cost and availability of an alternative procedure. These factors cannot be established absent expert testimony. If a known risk is found to be material, and was not disclosed to the patient, then the question of causation must be addressed.”
2 later decisions quote this exact passage“Any nonresident person, firm, general or limited partnership, or any foreign or other corporation not qualified under the Constitution and laws of this state as to doing business herein, who shall make a contract with a resident of this state to be performed in whole or in part by any party in this state, or who shall commit a tort in whole or in part in this state against a resident or nonresident of this state, or who shall do any business or perform any character of work or service in this state, shall by such act or acts be deemed to be doing business in Mississippi and shall thereby be subjected to the jurisdiction of the courts of this state.”
1 later decision quote this exact passage“[Ojur primary concern is that the jury was fairly instructed and that each party’s proof-grounded theory of the case was placed before it_We ask whether the instruction at issue contained a correct statement of law and was warranted by the evidence.... In analyzing the aggregate jury instructions, defects in specific instructions will not mandate reversal when all of the instructions, taken as a whole fairly — although not perfectly — announce the applicable primary rules of law.”
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.