140 Ind. App. 139 - Kavanagh v. Butorac’s Empirical Analysis
1966
Citation profile
7 federal appellate · 95 state decisions
How this case has been cited
Cited by 110 later decisions — most recently December 2020 · most notably Miller v. Miller (1968), 151 Ind. App. 217 - Dudley Sports Co. v. Schmitt (1972)
7 federal appellate · 95 state decisions — followed in 15 states
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 Gaspard v. LeMaire · Epps v. State · New York Cent. RR Co. v. JOHNSON, ADMX., ETC. · Indiana Insurance Co. v. Handlon · Helms v. American Security Co.
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 110 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Compensation is the stated goal of a court when measuring damages for personal injuries.”
9 later decisions quote this exact passage“"`* * * The damages, therefore, must be so excessive as to strike mankind, at first blush, as being beyond all measure, unreasonable and outrageous, and such as manifestly show the jury to have been actuated by passion, partiality, prejudice, or corruption. In short, the damages must be flagrantly outrageous and extravagant, or the court cannot undertake to draw the line, for they have not standards by which to ascertain the excess.'" (Emphasis supplied.)”
2 later decisions quote this exact passagee.g. State v. Daley · State v. Daley““We recognize possibility of the doctrine [of avoidable consequences] applying in some future date and in some matter where the circumstances are clearer than the instant case in showing that some part of the injury would not have occurred except for the fact that plaintiff failed to avoided the consequence of the tort by not fastening his seat belt.””
2 later decisions 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.