Klepper v. Breslin’s Empirical Analysis

Citation profile

3 federal appellate · 32 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““768.03 Parties in actions for death of minor child; damages. — Whenever the death of any minor child shall be caused by the wrongful act, negligence, carelessness or default of any individual, or by the wrongful act, negligence, carelessness or default of any private association or persons, or by the wrongful act, negligence, carelessness or default of any officer, agent or employee of any private association of persons, acting in his capacity as such officer, agent or employee, or by the wrongful act, negligence, carelessness or default of any corporation, or by the wrongful act, negligence, carelessness or default of any officer or agent, or employee of any corporation acting in his capacity as such officer, agent or employee, the father of such minor child, or if the father be not living, the mother may maintain an action against such individual, private association of persons, or corporation, and may recover, not only for the loss of services of such minor child, but in addition thereto, such sum for the mental pain and suffering of the parent (or both parents) if they survive, as the jury may assess.””

   2 later decisions quote this exact passage
   e.g. Eppes v. Covey · 376 So. 2d 1191 - Singletary v. National RR Passenger Corp.

2. “"In Winner v. Sharp, Fla. 1950, 43 So.2d 634 , we recognized the contributory negligence of a custodian of a minor child as constituting a defense to an action by the father for the wrongful death of a minor. In mentioning this case we are not intending to hold that the mother occupies the position of a third party custodian who might have charge of the child with the consent of the parents for a particular time, although so far as the father is concerned in the normal family relationship it cannot be denied that in his absence and oftentimes in his presence, he recognizes the peculiar qualities of the mother to care for and supervise the conduct of an infant and to that extent he endows her with all of the authority that he himself might enjoy and otherwise assert in the matter of supervising the child and its conduct. Such appears to have been the situation in the case at bar."”

   2 later decisions quote this exact passage
   e.g. 163 So. 2d 760 - Wynne v. Adside · 22 Fla. Supp. 142 - Trevino v. Armadi

3. “So far as we have been able to determine this statute is peculiar to Florida, and we find no exact counter-part in any other state * * *. The peculiarity of the Florida act is that it creates a right to a cause of action which, first may be exercised by the father of a minor, and if the father be not living, then next the mother may maintain the action and further specifies the items of damages to be recovered * * *.”

   2 later decisions quote this exact passage
   e.g. 376 So. 2d 1191 - Singletary v. National RR Passenger Corp. · Latimer v. Sears Roebuck & Co.