Martin v. Dyas’s Empirical Analysis
2004
Citation profile
4 state decisions
Relationships
Relies on Daubert v. Merrell Dow Pharmaceuticals, Inc. · Ex Parte Riley · 864 So. 2d 317 - Tucker v. Cullman-Jefferson Counties Gas Dist. · 539 So. 2d 284 - Braxton v. Stewart · 516 So. 2d 562 - Bell v. Hart
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"the plaintiff shall have the burden of proving by substantial evidence that the health care provider failed to exercise such reasonable care, skill, and diligence as other similarly situated health care providers in the same general line of practice ordinarily have and exercise in a like case."”
3 later decisions quote this exact passagee.g. Cobb v. Fisher · Sorrell v. King““[W]e note that the trial court’s decision on the third day of trial to exclude Dr. Clark’s testimony was the death knell to Martin’s case. In a medical-malpractice action, the plaintiff ordinarily is required to present expert testimony as to the relevant standard of care. Lyons v. Walker Reg’l Med. Ctr., 791 So.2d 937, 942 (Ala.2000). By waiting until the third day of trial to rule on the Ortho-paedic Group’s motion to exclude Dr. Clark’s testimony, the trial court left Martin with no viable opportunity to find another expert vvitness — effectively preventing her from having any chance of proving her claim. ””
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.