178 Ind. App. 174 - Puckett v. Miller’s Empirical Analysis
1978
Citation profile
10 state decisions
How this case has been cited
Cited by 12 later decisions — most recently July 2017
10 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 State v. Gerhardt · Ayr-Way Stores, Inc. v. Chitwood Ex Rel. Chitwood · 145 Ind. App. 542 - Doe v. Barnett · 160 Ind. App. 427 - Wayne Township v. Lutheran Hospital · 148 Ind. App. 429 - Ohio Casualty Insurance v. Verzele
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Additionally, this Court believes that weighing is permissible (and proper) in all cases where the TR. 41(B) motion is made after the plaintiff has rested. Weighing is mandated under the federal rules; and weighing is the only logical purpose for the rule in Indiana. The plain language of the rule is that ‘considering all the evidence and the reasonable inferences therefrom in favor of the party to whom the motion is directed, to be true, there is no substantial evidence of probative value to sustain the material allegations of the party against whom the motion is directed. The court as trier of the facts may then determine them and render judgment against the plaintiff . '. . .’ (Emphasis added.) Cases construing this rule in the past have either misquoted the rule or have incorrectly equated TR. 41(B) with TR. 50. The trial rules are to be construed to secure the just, speedy, and inexpensive determination of every action. TR. 1. In a trial to the court, it is nonsense (and a waste of judicial time) to require a judge to sit through a presentation by the defendant when the plaintiff has failed to present a convincing case. If the rule had not intended that the trial judge weigh the evidence in ruling upon a TR. 41(B) motion, we cannot comprehend why the rule utilizes so many judgment words (‘reasonable’, “substantial’, ‘probative’) and especially designates the court as ‘trier of the facts’ who is to ‘determine them’. Determine means weigh and decide.” Puckett v. Miller, s”
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.