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← 963 So. 2d 79 - Sherrer v. Embry

963 So. 2d 79 - Sherrer v. Embry’s Empirical Analysis

2007

Citation profile

1
cited by 1 later decisions
1
states following
December 2007
most recently cited

1 state decisions

Relationships

Relies on 516 So. 2d 562 - Bell v. Hart · 827 So. 2d 789 - Ex Parte Waddail · 474 So. 2d 1078 - Wozny v. Godsil · 557 So. 2d 1253 - Craig v. Borcicky · 657 So. 2d 838 - Rodgers v. Adams

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

  1. “"To be admissible, an affidavit offered in support of a summary-judgment motion must `show affirmatively that the affiant is competent to testify to the matters stated therein.' Rule 56(e), Ala. R. Civ. P. Dr. [James R.] Stilwell's affidavit does not demonstrate that he satisfies the requirements for qualifying as a `similarly situated health care provider' under § 6-5-548 (b), Ala. Code 1975. Thus, the trial court did not exceed its discretion in excluding his expert testimony. Because Dr. Stilwell's affidavit is not admissible, the Sherrers have failed to rebut Dr. Embry's prima facie showing that he met the applicable standard of care in his treatment of Stephanie Sherrer. Thus, the trial court did not err in entering a summary judgment in favor of Dr. Embry."”
    1 later decision quote this exact passage
  2. “"(1) [He or she must be] licensed by the appropriate regulatory board or agency of this or some other state. "(2) [He or she must be] trained and experienced in the same specialty. "(3) [He or she must be] certified by an appropriate American board in the same specialty. "(4) [He or she must have] practiced during the year preceding the date that the alleged breach of the standard of care occurred."”
    1 later decision quote this exact passage
  3. “[to] be admissible, an affidavit offered in support of a summary-judgment motion must `show affirmatively that the affiant is competent to testify to the matters stated therein.' Rule 56(e), Ala. R. Civ. P.”
    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.