79 Wis. 2d 444 - Hoven v. Kelble’s Empirical Analysis
1977
Citation profile
4 federal appellate · 65 state decisions
How this case has been cited
Cited by 73 later decisions — most recently May 2015 · most notably 162 W. Va. 857 - Morningstar v. Black & Decker Manufacturing Co. (1979), Giles v. City of New Haven (1994)
4 federal appellate · 65 state decisions — followed in 12 states
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 Funk v. United States · 25 Cal. 2d 486 - Ybarra v. Spangard · Dippel v. Sciano · Hoffman v. Misericordia Hospital · Perlmutter v. Beth David Hospital
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 73 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A number of decisions in other jurisdictions have allowed recovery on the basis of strict liability (or the closely related doctrine of implied warranty) where the injury was due to a defective product supplied or used in the course of rendering a service to plaintiff. Several cases have allowed recovery on the basis of strict liability or implied warranty where "defective services” have been, rendered, but these services have been of a relatively routine or simple nature. Where "professional” services are in issue the cases uniformly require that negligence be shown. (Footnotes omitted.)”
2 later decisions quote this exact passage“Medical services are an absolute necessity to society, and they must be readily available to the people. It is said that strict liability will inevitably increase the cost for medical services, which might make them beyond the means of many consumers, and that imposition of strict liability might hamper progress in developing new medicines and medical techniques. 256 N.W.2d at 391 .”
2 later decisions quote this exact passage“[m]edical sciences are not exact. A patient cannot consider a doctor's treatment to be defective simply because it does not cure his ailment.... To hold medical professionals strictly liable under these circumstances would not promote any social benefit.”
2 later decisions 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.