115 So. 3d 1260 - Clement v. Citron’s Empirical Analysis
2013
Citation profile
7 state decisions
Relationships
Relies on 617 So. 2d 880 - Stobart v. State Through DOTD · 341 So. 2d 332 - Coco v. Winston Industries, Inc. · 650 So. 2d 742 - Ferrell v. Fireman's Fund Ins. Co. · 774 So. 2d 70 - Wainwright v. Fontenot · 371 So. 2d 1120 - Folse v. Fakouri
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The supreme court has recognized that inconsistent jury verdicts may, in certain circumstances, constitute ... legal error, requiring the appellate court to conduct a de novo review. See Green v. K-Mart Corp., 03-2495 (La. 5/25/04), 874 So.2d 838 . For example, when the jury has awarded special damages, but has declined to award general damages, the rewewing court must determine whether the jury’s finding is “so inconsistent as to constitute an abuse of discretion.” Id. (citing Wainwright v. Fontenot, 00-492 (La. 10/17/00), 774 So.2d 70 ). If so, a de novo review is warranted. Here, we find it difficult to discern the factual conclusions of the jury from the face of the jury verdict form. It is clear that the jury found that Ms. Clement suffered injuries causally related to the accident with Mr. Citron which required medical treatment and would continue to require medical treatment in the future. These conclusions are well-supported by the record. We find, however, that some of the damage awards recorded on the jury verdict form are inconsistent and constitute an abuse of discretion and legal error.”
1 later decision quote this exact passage“Where ... legal error interdicts the fact-finding process, the manifest error standard no longer applies. Ferrell v. Fireman’s Fund Ins. Co., 94-1252 (La.2/20/95), 650 So.2d 742 . In such instances, if the record is complete, the appellate court is charged to make its own independent de novo review of the record.”
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.