Overton v. Grillo’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “However, the date on which the limitations period is activated-the "trigger date"-... may in certain circumstances be deferred. A plaintiff who cannot reasonably know of the alleged malpractice within the two-year period may institute a claim for relief within two years from the trigger date. If a trigger date occurs before the expiration of the limitations period, the plaintiff's claim will be barred unless filing before the expiration of the two-year period was not possible with reasonable diligence. In any event the complaint must be filed within a reasonable period after the trigger date. The trigger date, whether before or after the expiration of the limitations period, is the point at which the plaintiff either knows of malpractice or "learns of facts that, in the exercise of reasonable diligence, should lead to the discovery of the malpractice and the resulting injury."”

   1 later decision quote this exact passage
   e.g. Williams v. Adelsperger

2. “only if there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law.”

   1 later decision quote this exact passage
   e.g. Jeremy D. Mohr v. Virginia B. Smith Revocable Trust and Virginia B. Smith, as Trustee of the Virginia B. Smith Revocable Trust

3. “bears the burden of establishing that the action was commenced beyond that statutory period.”

   1 later decision quote this exact passage
   e.g. Nancy McDaniel, as Personal Representative of the Estate of Fred C. McDaniell, III v. William C. Erdel, M.D., and Indiana Gastroenterology, Inc.