Hershley v. Brown’s Empirical Analysis
1983
Citation profile
2 federal appellate · 17 state decisions
How this case has been cited
Cited by 22 later decisions — most recently July 2006
2 federal appellate · 17 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 17 Cal. App. 3d 958 - Carmichael v. Reitz · 79 Wis. 2d 444 - Hoven v. Kelble · Hinkle v. Hargens · Swope v. Printz · 18 Cal. App. 3d 240 - Rainer v. Community Memorial Hospital
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[I]n cases where the act of neglect complained of its (sic) introducing and negligently permitting any foreign object to remain within the body of a living person, the action shall be brought within two years from the date of the discovery of such alleged negligence, or from the date on which the patient in the exercise of ordinary care should have discovered such alleged negligence, whichever date first occurs....”
4 later decisions quote this exact passagee.g. Kevin Luke Smith Constance Smith v. Paslode Corporation Signode Corporation Signode Supply Corporation Illinois Tool Works, Paslode Corporation Illinois Tool Works, Third Party-Plaintiff v. St. Luke's Episcopal Presbyterian Hosp., Third Party-Defendant, American Red Cross, Third Party-Defendant-Appellee · Smith v. Paslode Corp.“if the `foreign object is intentionally introduced in the body and is intended to remain there,' even if the procedure is performed in a negligent manner, the negligence does not fall within the tolling provision”
1 later decision 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.