Lewis v. Samson’s Empirical Analysis

Citation profile

2 federal appellate · 4 district · 14 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If the evidence is adduced during trial to permit the trial court to make such a determination one way or the other (concurrent tortfeasor liability versus successive tortfeasor liability) as a matter of law, the trial court should submit the appropriate instructions to the jury on the proper ... theory founded on the evidence presented and permit counsel to argue the evidence and applicable liability theory accordingly during closing arguments.”

   1 later decision quote this exact passage
   e.g. Payne v. Hall

2. “if the facts of a particular case warrant the argument by either a plaintiff or a defendant that the theory of liability is one of successive and not concurrent tortfeasor liability, or vice versa, then the party arguing such liability has the burden of adducing evidence not only of the negligence of the tortfeasor but of the divisibility or indivisibility of the injury.”

   1 later decision quote this exact passage
   e.g. Lewis Ex Rel. Lewis v. Samson