Carvell v. Winn’s Empirical Analysis
1963
Citation profile
30 state decisions
How this case has been cited
Cited by 31 later decisions — most recently August 1994 · most notably 491 So. 2d 624 - LaFleur v. John Deere Co. (1986), Ashley v. Nissan Motor Corp. in USA (1975)
30 state decisions
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 Millers' National Insurance Company, Chicago, Illinois, and Cross-Appellees v. The Wichita Flour Mills Company, and Cross-Appellant. The Wichita Flour Mills Company, and Cross-Appellant v. Millers' National Insurance Company, Chicago, Illinois, and Cross-Appellees · State v. Mills · Navajo Freight Lines, Inc. v. Mahaffy · State v. Tevis · Cassreino v. Brown
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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"As previously stated herein, whether or not a witness meets the qualifications to testify as an expert is largely within the discretion of the trial judge. In our opinion, it is also largely within the discretion of the trial judge to determine the competency of expert witnesses to testify to specialized areas on inquiry not necessarily within his general competency to give an opinion as an expert, or at least not shown to be so by the facts of the record. That is, the trial court is not under a mandatory duty to permit an expert witness to testify to any matter upon which the expert himself says he is qualified to give an expert opinion; the court must have some discretion to limit the witness's testimony as an expert to the actual field of his expertise and as applicable to the facts of the particular litigation, then before it (subject of course to a showing that the court abused its discretion in this regard, State v. Carter, 217 La. 547 , 46 So.2d 897 .) "Thus referring to the ability of a witness to testify as an expert based upon his `experiential capacity', Dean Wigmore noted that `The capacity is in every case a relative one, i.e., relative to the topic about which the person is asked to make the statement * * *. His fitness, then, is a fitness to answer on that point. He may be fitted to answer about countless other matters, but that does not justify accepting his views in the matter in hand.' 2 Wigmore on Evidence (3rd ed., 1940), Section 555(1) at p. 634. `In mos”
6 later decisions quote this exact passage““The determination of the question of the competency and qualifications of one offered as an expert witness is addressed to the judicial discretion of the trial judge before whom the testimony is offered, and his ruling in passing on the qualifications of such proposed expert witness will not be disturbed unless the error is clear and involves a misconception of the law * * *” 20 Am.Jur. “Evidence” § 786 at p. 660. Bonilla v. Arrow Food Distributors, Inc., La.App., 202 So.2d 438 (4th Cir. 1967); Carvell v. Winn, La.App., 154 So.2d 788 (3rd Cir. 1963).”
1 later decision quote this exact passage“However, the fact that a witness is not licensed to practice under the laws of the jurisdiction is immaterial insofar as it concerns his competence to testify as an expert, which is based upon his specialized training, knowledge and experience.”
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.