Wilson v. Rudd’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Section 16.003(b) sets the time when a wrongful death action accrues, if it exists. It does not, however, provide that there is always an action to accrue. The Wrongful Death Statute allows an action by a decedent’s beneficiaries “only if the individual injured would have been entitled to bring an action for the injury if he had lived.” Tex.Civ.Prac. & Rem.Code § 71.003(a). If a wrongful death action exists, it accrues, not when the decedent was injured, but at his death, and the limitations period on that action begins to run at his death. But if a wrongful death action does not exist because the decedent could not maintain an action on his own right immediately prior to his death, for whatever reason, then no wrongful death action ever accrues.”

   2 later decisions quote this exact passage
   e.g. Todd v. Planned Parenthood · Blackmon v. Hollimon

2. “Notwithstanding any other law, no health care liability claim may be commenced unless the action is filed within two years from the occurrence of the breach or tort or from the date the medical or health care treatment that is the subject of the claim or the hospitalization for which the claim is made is completed ...”

   2 later decisions quote this exact passage
   e.g. Hogan v. Hallman · Blackmon v. Hollimon

3. “Section 16.003(b) provides the limitations period for wrongful death actions. The plain language of section 16.003(b) reflects a clear legislative intent to adopt an absolute two-year limitations period for wrongful death actions. Moreno v. Sterling Drug, Inc., 787 S.W.2d 348, 354 (Tex.1990). Section 16.003(b) “unambiguously specifies one event — death—and only that one event as the date upon which the action accrues.” Id. To hold that section 16.003(b) is part of the “other law” expressly made inapplicable by article 4590i, § 10.01, would be to shorten or effectively eliminate the absolute two-year limitations period provided for by the legislature.”

   1 later decision quote this exact passage
   e.g. Blackmon v. Hollimon