Smith v. Pancner’s Empirical Analysis

Citation profile

5 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “no requirement that the parties cannot 'agree to settle' orally or only partially in writing.”

   2 later decisions quote this exact passage
   e.g. Wallen v. Hossler · Insurance Commissioner of the State v. Smith

2. “Smith filed a proposed medical malpractice claim with the Indiana Department of Insurance against the two doctors and Pancner Psychiatric Services (PPS). PPS is described as a “d/b/a” or assumed business name used by the two at the time Smith’s treatment started. In due course a medical review panel unanimously opined that the doctors were negligent in their treatment of Smith and that the negligence was a factor in Smith’s damages. Smith then filed suit against the two doctors and PPS and shortly before trial settled his claim. During the four month course of Smith’s treatment the two doctors had incorporated their practices as Summit Psychiatric Services, P.C., with each owning 50% of Summit’s stock. Also, before the settlement, Dr. Thompson left the practice leaving Dr. Pancner as the sole shareholder and president of Summit. The settlement was the result of a negotiation initiated by a proposal by Summit’s lawyer, who also represented the doctors and PPS. By letter to Smith’s counsel ostensibly on behalf of Summit, which theretofore had no relation to the suit, he proposed that the three defendants would be dismissed and Summit would become a defendant and settle the claim. Ultimately a written agreement was entered into that recited that it was “by and among Smith, Summit and the Medical Protective Company.” MPC had insured both doctors, PPS, and Summit against malpractice liability under four separate policies for the period in question. The doctors and PPS were not par”

   1 later decision quote this exact passage
   e.g. Insurance Commissioner of the State v. Smith

3. “it is clear that the Act contemplates the prospect that more than one provider may be liable for the same occurrence and may contribute to a settlement that gives access to the Fund. " Id. at 896 (emphasis added). In sum, throughout Smith , the Court makes clear that "agreed to settle”

   1 later decision quote this exact passage
   e.g. Wallen v. Hossler