653 So. 2d 89 - Trahan v. McManus’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In this case, because the "event causing injury" was the physician's admittedly negligent discharge of the decedent, there can be no question that the mother is among the classes for whom LSA-C.C. art. 2315.6(A) was intended. After all, she viewed her son's negligent discharge, and that, according to all of the parties, is the event that caused his injury. We reject defendant's contention that the mother cannot recover under LSA-C.C. art. 2315.6 solely on the basis of her not having witnessed the auto accident which landed her son in the hospital. Because she alleges severe and debilitating anguish caused by witnessing her son's discharge, Ms. Trahan clearly has stated a cause of action under LSA-C.C. art. 2315.6(B).... Although the claim of the father is somewhat different, we feel he also has stated a cause of action under LSA-C.C. 2315.6. We hold that the father, who did not merely learn of the accident from others, too has stated an actionable claim for the reasons expressed [above]. This is because we see no basis for distinguishing the claim of a grief-stricken mother who viewed the "event causing injury," from that of a father upon whom the continuing event was visited almost instantaneously; for he too is a listed beneficiary of LSA-C.C. art. 2315.6(A)(2) and like the mother, was compelled... to witness the final seven hours of his son's life as it dimmed, flickered, then expired.”

   2 later decisions quote this exact passage
   e.g. 676 So. 2d 632 - Wartell v. Woman's & Children's Hosp. · 689 So. 2d 696 - Trahan v. McManus

2. “[d]amages suffered as a result of mental anguish or emotional distress for injury to another shall be recovered only in accordance with this Article.”

   2 later decisions quote this exact passage
   e.g. 689 So. 2d 696 - Trahan v. McManus · 728 So. 2d 1273 - Trahan v. McManus

3. “the continuing event was visited [upon him] almost instantaneously.”

   1 later decision quote this exact passage
   e.g. 716 So. 2d 387 - Cormier v. THE Ins. Co.