Biswell v. Duncan’s Empirical Analysis
1987
Citation profile
20 state decisions
How this case has been cited
Cited by 20 later decisions — most recently June 2015
20 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 24 Cal. 3d 890 - Taylor v. Superior Court · 31 Cal. 3d 147 - Peterson v. Superior Court · Columbus Finance, Inc. v. Howard · Northwestern National Casualty Company of Milwaukee, Wisconsin v. Edward A. McNulty and Walter Scott Smith · 217 Pa. Super. 35 - Focht v. Rabada
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A person who has a latent, dormant or asymptomatic condition, or a condition to which the person is predisposed, may recover the full amount of damages that proximately result from injuries that aggravate the condition. In other words, when a latent condition does not cause pain, but that condition plus the injury brings on pain by aggravating the preexisting, dormant or asymptomatic condition, then it is the injury, not the dormant or asymptomatic condition, that is the proximate cause of pain and disability.”
1 later decision quote this exact passage“which clearly expresses the concept that if [the defendant's] negligence aggravated or lit up Bis-well's dormant asymptomatic condition, then Biswell is entitled to recover all the damages which follow.”
1 later decision quote this exact passage“Instructions should be read in their entire context and given meaning in accordance with the ordinary and usual import of the language as it would be under-. stood by lay jurors.”
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.