Daub v. Daub’s Empirical Analysis
1994
Citation profile
7 federal appellate · 49 state decisions
How this case has been cited
Cited by 65 later decisions — most recently March 2022 · most notably Bader v. Johnson (2000), Buckner v. Sam's Club, Inc. (1996)
7 federal appellate · 49 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 Cowe Ex Rel. Cowe v. Forum Group, Inc. · Palace Bar, Inc. v. Fearnot · Noblesville Casting Division of TRW, Inc. v. Prince · Bals v. Verduzco · Wiseheart v. State
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 65 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“An essential element in a cause of action for negligence is the requirement of a reasonable connection between a defendant's conduct and the damages which a plaintiff has suffered.”
18 later decisions quote this exact passage“[I]t is so lacking in probative value on the question of cause in fact that it offers the jury at best only the mere possibility that her back ailment was in fact caused by the slip Mrs. Daub experienced at her in-laws. The distinctions between Mrs. Daubs' various back problems are not objectively discernible, even to Mrs. Daub. The temporal congruity which Mrs. Daub recognized between the slip and her lower back pain is admittedly some evidence of causation, which when coupled with a diagnosis of the nature of her ailment, and an application of scientific principles by one knowledgeable in the treatment of the ailment, may be sufficient to permit a jury to find for the Daubs without resort to speculation. But, in the absence of that additional evidence, Mrs. Daubs' lay report of the facts which she experienced first-hand amounts to nothing more than her own hypothesis that her back ailment was caused by the slip. Alone, Mrs. Daub has established nothing more than the facts which make up her allegation.”
4 later decisions quote this exact passage“In deciding whether to permit a modification from a pretrial order, 'the trial court considers both the danger of surprise or prejudice to the opponent, and the goal of doing justice to the merits of the claim”
2 later decisions 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.