Wrains v. Rose’s Empirical Analysis

Citation profile

20 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Although malice is an essential element in malicious prosecution, deliberate violence or oppression are not prerequisites for assessment of exemplary damages in cases purely in tort where the wrongful act is such as to imply malice, or when from great indifference to persons, property or rights of others malice is imputable to the wrongdoer."”

   2 later decisions quote this exact passage
   e.g. 290 So. 2d 49 - Adams v. Whitfield · 258 So. 2d 828 - City of Hollywood v. Coley

2. ““ * * * [Pjunitive damages are peculiarly within the discretion of the jury as to the degree of punishment to be inflicted, dependent upon the circumstances of each case as well as upon the ‘degree of malice, wantonness, oppression, or outrage found by the jury from the evidence.’ * * * ””

   1 later decision quote this exact passage
   e.g. 213 So. 2d 320 - Holland v. Glass

3. “[M]ere proof of an intentional tort does not ipso facto entitle the plaintiff to punitive damages... .”

   1 later decision quote this exact passage
   e.g. 437 So. 2d 169 - Genesis Publications, Inc. v. Goss