Schlote v. Dawson’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “plaintiff raises an equitable concern. He argues that the discovery rule should apply to section 614.1(9) because of the “extreme hardship” and “strained and impractical result” it works on survivors. A few courts have allowed equitable concerns and potential hardship to plaintiffs to influence their decision applying the discovery rule in the face of a statute expressly providing that an action must be commenced within a specified period of time after death. We find, however, this line of cases to be unsound authority because they are based on judicial discretion used to implement notions of fairness rather than giving effect to the priorities that the legislature has set forth in an express statutory provision.”

   1 later decision quote this exact passage
   e.g. State v. Bonjour

2. “a. Except as provided in paragraph “b ”, those [actions] founded on injuries to the person or wrongful death against any physician and surgeon ... or a hospital licensed under chapter 135B, arising out of patient care, [must be brought] within two years after the date on which the claimant knew, or through the use of reasonable diligence should have known, or received notice in writing of the existence of, the injury or death for which damages are sought in the action, whichever of the dates occurs first, but in no event ... more than six years after the date on which occurred the act or omission or occurrence alleged ... to have been the cause of the injury or death....”

   1 later decision quote this exact passage
   e.g. Christy v. Miulli

3. “[T]he statute [of limitations] begins to run when a person gains knowledge sufficient to put the person on inquiry. On that date, the person is charged with knowledge of facts that would have been disclosed by a reasonably diligent investigation. Moreover, once a person is aware that a problem exists, the person has a duty to investigate even though the person may not have knowledge of the nature of the problem that caused the injury.”

   1 later decision quote this exact passage
   e.g. Ratcliff v. Graether