Smith v. Washington’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If you determine that the Defendant's negligence was not a substantial factor in Mr. Cummings' death, but the Defendant's negligence increased the risk of harm to Mr. Cummings by reducing his opportunity for a better result, and that increased risk was a substantial factor in that harm, then you should award such damages as will fairly compensate the Plaintiff for the harm sustained. Harm may be the loss of opportunity for eure, decreased short-term survival, or unnecessary physical pain and mental suffering. [Joann] Cummings is also entitled to be compensated for her loss of consortium ....”

   1 later decision quote this exact passage
   e.g. Sawlani v. Mills

2. “[the amount of damages recoverable is equal to the percent of chance lost multiplied by the total amount of damages which are ordinarily allowed in a wrongful death action.”

   1 later decision quote this exact passage
   e.g. Sawlani v. Mills

3. “once causation is established under Mayhue, the plaintiff is to receive the proportion of damages traceable to the defendant's negligent act or omission.”

   1 later decision quote this exact passage
   e.g. Indiana Department of Insurance, Indiana Patient's Compensation Fund v. Everhart