Carter v. Beck’s Empirical Analysis

Citation profile

2 state decisions

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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The record shows that Carter did not notify anyone associated with Vaughn or his company until February 26, 1991, more than six months after the grant of letters of administration to [the administratrix], that he had suffered a personal injury as the result of an alleged defect in a tractor purchased from Vaughn. However, it is possible that [the administratrix] could have learned of Carter's claim from a source other than Carter or his attorney or could have obtained from such a source information from which she could have reasonably identified Carter as a potential claimant against Vaughn's estate. Consequently, because [the administratrix] presented no evidence to eliminate this possibility, we cannot hold, under our standard for reviewing summary judgments, that [the administratrix] neither knew nor had any reasonable means of ascertaining the existence of Carter's claim within six months after she was issued letters of administration and, thus, that she was entitled to a judgment as a matter of law."”

   1 later decision quote this exact passage
   e.g. 894 So. 2d 656 - American Home Assur. Co. v. Gaylor

2. “"Contrary to Carter's suggestion, [the administratrix] was under no legal duty to give actual notice to all of Vaughn's previous customers who had purchased a modified tractor from Vaughn, on the assumption that one or more of them might have had a personal injury claim against Vaughn's estate based on an alleged defect created by the modification. Imposition of such a broad duty of ascertaining potential claimants would create an unreasonable burden on personal representatives and, thus, would be inconsistent with the intent of the legislature in providing for the `speedy, safe, and definitive settlement of estates.'"”

   1 later decision quote this exact passage
   e.g. 894 So. 2d 656 - American Home Assur. Co. v. Gaylor

3. “"The personal representative must give notice of the appointment, stating the name of the deceased, the day on which letters were granted, by what court, stating the county and notifying all persons having claims against the estate to present the same within the time allowed by law or that the same will be barred. The notice of appointment, "(1) For actual notice as required in section 43-2-61 (1), must be given as soon as practicable after a creditor's identification is known. . . ."”

   1 later decision quote this exact passage
   e.g. 894 So. 2d 656 - American Home Assur. Co. v. Gaylor