Aldredge v. Whitney’s Empirical Analysis
1991
Citation profile
1 federal appellate · 1 district · 16 state decisions
How this case has been cited
Cited by 19 later decisions — most recently April 2019
1 federal appellate · 1 district · 16 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 Babineaux v. Pernie-Bailey Drilling Co. · 556 So. 2d 559 - Lejeune v. Rayne Branch Hosp. · 421 So. 2d 216 - Leenerts Farms, Inc. v. Rogers · Moak v. American Automobile Insurance Company · 201 So. 2d 136 - Bielkiewicz v. Rudisill
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"In Shepard, supra, Gregory Shepard sustained permanent devastating brain damage in a vehicular collision. Gregory's parents, the Shepards, filed claims against multiple parties. All were settled or dismissed except those involving the uninsured motorist insurer, United Services Automobile Association (USAA). After trial, a jury awarded Gregory the $200,000 policy limit. The trial court awarded $100,000 plus interest to each of the Shepards for the loss of consortium claims. On appeal, USAA asserted that the Shepard's loss of consortium award was not a separate bodily injury claim and that the loss of consortium claimant cannot recover after the per person limits of the policy are exhausted. After examining Albin [ v. State Farm Mutual Automobile Insurance Co., 498 So.2d 171 (La.App. 1st Cir.1986), writ denied, 498 So.2d 1088 (La.1986) ] and Carroll [ v. State Farm Insurance Co., 519 So.2d 265 (La.App. 5th Cir.), writ denied, 520 So.2d 756 (La.1988)], the Shepard court reasoned as follows: A loss of consortium action is a derivative claim of the primary victim's injuries. The derivative claim does not come into existence until someone else is injured. Because the right of action in the loss of consortium claim is derived from the primary victim's injuries, recovery is restricted to the policy's per person limits. Therefore, if the injured party exhausts the per person limits, the derivative claim is extinguished. See Shepard at 629 ."”
1 later decision quote this exact passage“"Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it. Damages may include loss of consortium, service, and society, and shall be recoverable by the same respective categories of persons who would have had a cause of action for wrongful death of an injured person."”
1 later decision quote this exact passage“[T]he alleged severe back pain and lumbar disc protrusion suffered by respondent's wife, and the alleged resultant loss of consortium, allegedly became manifest during the marriage and after respondent became a member of the designated class of beneficiaries.”
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.