Schiles v. Gaertner’s Empirical Analysis

Citation profile

1 district · 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) By the spouse or children or the surviving lineal descendants of any deceased children, natural or adopted, legitimate or illegitimate, or by the father or mother of the deceased, natural or adoptive; (2) If there be no persons in class (1) entitled to bring the action, then by the brother or sister of the deceased, or them descendants ... (3) If there be no persons in class (1) or (2) entitled to bring the action, then by a plaintiff ad litem.”

   2 later decisions quote this exact passage
   e.g. State Ex Rel. Griffin v. Belt · Denton v. Soonattrukal

2. ““[T]his provision indicates that plaintiff election is not required to maintain a wrongful death action. Specifically, this section provides that ‘if two or more persons are entitled to sue ... then any one or more of them ... may maintain such suit ... without joinder therein by any other person, provided that the claimant ... shall satisfy the court that he has diligently attempted to notify all parties having a cause of action under section 537.080.’ Significantly, § 537.095 further provides that any ‘recovery by suit shall be for the use and benefit of those who sue or join, or who are entitled to sue or join.’ ... [I]t is clear that the legislature intended to ensure that all persons entitled to bring suit (as set forth in the classifications in section 537.-080) may join in such suit and share in the recovery. Indeed, not only does defendant’s interpretation render the statutory language meaningless, it is also contrary to the judicial policy favoring join-der of all plaintiffs whose claims arise from the same occurrence. Rule 52.05.” (Emphasis in original.)”

   1 later decision quote this exact passage
   e.g. State ex rel. Stephens v. Henson

3. ““[N]owhere in this provision does it distinguish between persons within a particular class; it neither states that one party may bring the action nor that all must be parties to the suit. Rather, it is an entitlement statute, setting forth that group of persons — spouse, children and parents — whose relationship to the decedent makes their interest paramount; should there be any members of this class, § 537.080 gives them priority in bringing suit to the exclusion of other classes.””

   1 later decision quote this exact passage
   e.g. State ex rel. Stephens v. Henson