108 F. Supp. 2d 929 - Resor v. Graves’s Empirical Analysis

Citation profile

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

1. “although the actual alleged nonparty tortfeasor in this case ... cannot be identified, named in the complaint, and served with process, there is an entity which stands in the shoes of the alleged nonparty tortfeasor, which entity can be identified, served with process, and represented in court, and can, if the jury so finds, be responsible for the portion of the unidentified phantom tortfeasor’s percentage of fault.... In this way, both of the interests recognized in McIntyre — the plaintiffs interest in being made whole and the defendant’s interest in paying only that percentage of damages for which that defendant is responsible — are satisfied and neither interest must yield to the other.”

   1 later decision quote this exact passage
   e.g. Shirley Breeding v. Robert Edwards

2. “If the owner or operator of any motor vehicle which causes bodily injury or property damage to a person insured under this part is unknown and if such insured satisfies all of the requirements of § 56-7-1201(e), should suit be instituted the insured shall issue a John Doe warrant against the unknown owner or operator in order to come within the coverage of the owner’s uninsured motorist policy. If the uninsured motorist’s identity and whereabouts are discovered during the pendency of the proceeding, the provisions of subsection (e) shall govern the proper course of action following such discovery.”

   1 later decision quote this exact passage
   e.g. Shirley Breeding v. Robert Edwards