65 Mich. App. 296 - Toth v. Goree’s Empirical Analysis
1975
Citation profile
1 district · 20 state decisions
How this case has been cited
Cited by 25 later decisions — most recently May 2012 · most notably Summerfield v. Superior Court, Maricopa Cty. (1985), Humes v. Clinton (1990)
1 district · 20 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.
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If the mother can intentionally terminate the pregnancy at three months, without regard to the rights of the fetus, it becomes increasingly difficult to justify holding a third person liable to the fetus for unknowingly and unintentionally, but negligently, causing the pregnancy to end at the same stage. There would be an inherent conflict in giving the mother the right to terminate the pregnancy yet holding that an action may be brought on behalf of the same fetus under the wrongful death act. (Emphasis added)(footnote omitted).”
2 later decisions quote this exact passage“[w]hile Womack [2] does give a cause of action for prenatal injury, that action is not without limits. Those limits are drawn. The infant must have been born alive as in Womack or have been viable as in O'Neill in order to have an action brought in the infant's own behalf, whether as a common law-action or as a wrongful death action.”
2 later decisions quote this exact passage“[a] fetus is `viable' when it is `potentially able to live outside the mother's womb, albeit with artificial aid. Viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks.'”
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.