Sanchez v. Schindler’s Empirical Analysis
1983
Citation profile
28 federal appellate · 160 state decisions
How this case has been cited
Cited by 199 later decisions — most recently February 2019 · most notably Duncan v. Cessna Aircraft Co. (1984), El Chico Corp. v. Poole (1987)
28 federal appellate · 160 state decisions — followed in 16 states
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 Linkletter v. Walker · Great Northern Ry Co v. Sunburst Oil & Refining Co · 19 Cal. 3d 59 - Krouse v. Graham · Brown v. American Transfer & Storage Co. · Farley v. MM Cattle Company
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 199 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The legislature has attempted to amend the Texas Wrongful Death Act to allow damages for loss of society and mental anguish; however, none of the bills have passed. This court should not be bound by the prior legislative inaction in an area like tort law which has traditionally been developed primarily through the judicial process. Green, Protection of the Family under Tort Law, 10 Hastings L.J. 237 , 245 (1959). In his article, Dean Green stated that because the difficulties in reducing the refinements of tort law doctrines into statutory form often result in legislation which is either underinclusive or overbroad and which is frequently couched in ambiguous terms which the court must interpret, judicial decision is the best way to develop tort law. Id. at 246. Inaction of the legislature cannot be interpreted as prohibiting judicial reappraisal of the judicially created pecuniary loss rule ..." 651 S.W.2d at 252 .”
7 later decisions quote this exact passage · from the majority““A parent’s recovery under the wrongful death statute includes the mental anguish suffered as a result of the child’s wrongful death. The destruction of the parent-child relationship results in mental anguish, and it would be unrealistic to separate injury to the familial relationship from emotional injury. Wilson v. Lund, 80 Wash.2d 91 , 491 P.2d 1287, 1292 (Wash.1971) (en banc). Injuries resulting from mental anguish may actually be less nebulous than pain and suffering, or injuries resulting from loss of companionship and consortium. A plaintiff should be permitted to prove the damages resulting from a tortfeasor’s negligent infliction of emotional trauma. Leong v. Takasaki, 55 Hawaii 398 , 520 P.2d 758, 767 (Hawaii 1974). This includes recovery for mental anguish. In this case Mrs. Sanchez proved she is suffering from traumatic depressive neurosis. She presented testimony that she is despondent and disoriented, has been forced to seek medical attention for her neurosis and has frequent neck and shoulder pains and headaches. Mrs. Sanchez has proved that she suffered mental anguish, and therefore, is entitled to recover the $102,500 awarded to her by the jury for her mental anguish.””
6 later decisions quote this exact passage · from the concurrence“[t]here is no logical reason for treating an injury to the family relationship resulting from the wrongful death of a child more restrictively.”
3 later decisions quote this exact passage · from the concurrence
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.