18 Wis. 2d 348 - Halsted v. Kosnar’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The test as to what is permissible by way of counsel’s argument in presenting his lump-sum figure for pain and suffering must be a subjective one. If the attorney argues to the jury that a certain figure is sustained by the evidence, neither his good faith nor his ethics should be subjected to posttrial challenge. We reject the learned trial judge’s suggestion that the request for a figure larger or lower than the court would later sustain con stitutes a violation of the attorney’s oath. The measurement of pain and suffering is so patently thorny that the yardstick used by counsel should not be condemned merely because the court considers it to[o] long or too short. “We recognize that there are plaintiffs’ lawyers who demand ‘boxcar’ figures and defendants’ lawyers who propose absurdly low awards. If we have faith in the jury system we must assume that jurors properly instructed will apply their common sense and reject the extremes to which partisan advocates may stretch. In our opinion, excessive demands, either too high or too low, will normally backfire. In those instances in which jurors reach a conclusion which is beyond the range of reasonableness, the law affords relief — both in the trial court and on appeal.””

   1 later decision quote this exact passage
   e.g. Ostreng v. Lowrey