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← 147 CONNAPP 173 - Brye v. State

Brye v. State’s Empirical Analysis

2013

Citation profile

8
cited by 8 later decisions
1
states following
January 2021
most recently cited

8 state decisions

Relationships

Relies on Gordon v. Tobias · Regan v. Nissan North America, Inc. · Davis v. Margolis · Fuller v. First National Supermarkets, Inc. · Kelly v. Stop & Shop, Inc.

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.

  1. “In a negligence action ... expert testimony will be required [i]f the determination of the standard of care requires knowledge that is beyond the experience of a normal fact finder .... The requirement of expert testimony ... serves to assist lay people, such as members of the jury and the presiding judge, to understand the applicable standard of care and to evaluate the defendant's actions in light of that standard .... [A]lthough expert testimony may be admissible in many instances, it is required only when the question involved goes beyond the field of the ordinary knowledge and experience of the tier of fact.”
    1 later decision quote this exact passage
  2. “Pleadings are intended to limit the issues to be decided at the trial of a case and [are] calculated to prevent surprise.... [The] purpose of pleadings is to frame, present, define, and narrow the issues, and to form the foundation of, and to limit, the proof to be submitted on the trial .... It is axiomatic that the parties are bound by their pleadings.”
    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.