Giuliani v. Guiler’s Empirical Analysis
1997
Citation profile
7 federal appellate · 1 district · 24 state decisions
How this case has been cited
Cited by 38 later decisions — most recently June 2019 · most notably Roberts v. Williamson (2003), Shepherd v. Wellman (2002)
7 federal appellate · 1 district · 24 state decisions
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 Ferriter v. Daniel O'Connell's Sons, Inc. · Gallimore v. Children's Hospital Medical Center · 117 Wis. 2d 508 - Theama v. City of Kenosha · 103 Wash. 2d 131 - Ueland v. Pengo Hydra-Pull Corp. · Berger v. Weber
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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is beyond challenge that public policy is determined by the constitution and the legislature through the enactment of statutes.”
3 later decisions quote this exact passage“We are not insensitive to the losses experienced by the appellants, losses which are substantially the same as those experienced by their minor sibling. Further, we do not have any reason to believe that the appellants are any less deserving of compensation than other family members merely because they have reached the status of adults. Nevertheless, it is the belief of this Court that it is not the proper function of the judiciary to further develop the common law in the area of loss of consortium claims in the context of wrongful death. Rather, the recognition of filial claims for wrongful death is one exclusively within the purview of the Legislature. Unlike the situation presented in Giuliani ; there is no “reciprocal” statute to finesse Section 241 of the Kentucky Constitution so as to avoid its clear provisions. While this Court has not hesitated to take an active role in extending the common law of torts when appropriate, we decline the invitation in the case sub judice so as not to invade the province of the Legislature, the branch of our government to which our constitution has granted “the [sole] responsibility for determining who can recover what damages for the wrongful death of another.””
1 later decision quote this exact passage · from the dissente.g. Pauly v. Chang“Whenever the death of a person shall result from an injury inflicted by negligence or wrongful act, then, in every such case, damages may be recovered for such death, from the corporations and persons so causing the same. Until otherwise provided by law, the action to recover such damages shall in all cases be prosecuted by the personal representative of the deceased person. The General Assembly may provide how the recovery shall go and to whom belong; and until such provision is made, the same shall form part of the personal estate of the deceased person.”
1 later decision quote this exact passage · from the dissente.g. Pete v. Anderson
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.