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← 83 N.M. 750 - Mascarenas v. Gonzales

Mascarenas v. Gonzales’s Empirical Analysis

1972

Citation profile

27
cited by 27 later decisions
3
states following
October 2014
most recently cited

26 state decisions

How this case has been cited

Cited by 27 later decisions — most recently October 2014 · most notably Pharmaseal Laboratories, Inc. v. Goffe (1977), Gonzales v. Sansoy (1984)

26 state decisions

12019721980199020002010decided

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 Woods v. Brumlop · Lashley v. Koerber · Lanier v. Trammell · Cervantes v. Forbis · Durrett v. Petritsis

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

  1. “The presumptions are in favor of verdicts and the facts are to be viewed in the aspect most favorable to the prevailing party. We will indulge all reasonable inferences in support of the verdicts, disregarding all inferences or evidence to the contrary.”
    2 later decisions quote this exact passage
  2. “"However, where negligence on the part of a doctor is demonstrated by facts which can be evaluated by resort to common knowledge, expert testimony is not required. This rule applies to chiropractors as well as physicians and surgeons. Lanier v. Trammell, 207 Ark. 372 , 180 S.W.2d 818 (1944); Malmstrom v. Olsen, 16 Utah 2d 316 , 400 P.2d 209 (1965. Compare Woods v. Brumlop, 71 N.M. 221 , 377 P.2d 520 (1962). Should the condition be such that knowledge about it is peculiarly within the knowledge of medical men, then a court should not allow a jury to conjecture or speculate about the matter. A manipulation of the spine which results in four fractured ribs is not a condition peculiarly within the knowledge of medical men." Id. 497 P.2d at 753, 754.”
    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.