Finkelberg v. Luckett’s Empirical Analysis
1992
Citation profile
1 federal appellate · 3 state decisions
Relationships
Relies on Standard Life Ins. Co. of Indiana v. Veal · 566 So. 2d 1172 - Andrew Jackson Life Ins. Co. v. Williams · 431 So. 2d 454 - Tideway Oil Programs, Inc. v. Serio · 466 So. 2d 833 - Blue Cross & Blue Shield of Miss. v. Campbell · 477 So. 2d 242 - State Farm Fire and Cas. Co. v. Simpson
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“some element of aggression or some coloring of insult, malice, or gross negligence, evincing ruthless disregard for the rights of others, so as to take the case out of the ordinary rule.”
2 later decisions quote this exact passage“The coup de grace on any claim for damages for mental anguish in this record, however, is the total absence of proof justifying it. In the seminal case of Sears Roebuck & Co. v. Devers, we held that in a case of simple negligence damages for mental anguish unaccompanied by physical injury would be upheld only “if there is a resulting physical illness or assault upon the mind, personality or nervous system of the plaintiff which is medically cognizable and which requires or necessitates treatment by the medical profession.” 405 So.2d [898] at 902 [ (Miss.1981) ]. Quoted with approval in Wirtz v. Switzer, 586 So.2d 775 , 784 (Miss.1991).”
1 later decision quote this exact passagee.g. Greer v. Burkhardt“I gave them my life savings and I trusted them to take this money and to use it to help me make money and for them to make money. I was intentionally told that I could not get the money when I went to get it when, in fact, I went to the lawyer, I was able to get the money. I guess the most important way that I’ve been harmed is I’ve been without my children for two years. It’s been a very difficult time and—”
1 later decision quote this exact passagee.g. Greer v. Burkhardt
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.