196 Mich. App. 135 - Schutte v. Celotex Corp.’s Empirical Analysis

Citation profile

8 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[An appellate] Court reviews a trial court’s decision regarding a motion for a directed verdict to determine whether, viewing the evidence in the light most favorable to the nonmoving party, a question of fact for the jury existed. Stoken v. J.E.T. Electronics & Technology, Inc., 174 Mich.App. 457, 463 [ 436 N.W.2d 389 ] (1988). The trial court’s decision to grant or deny a motion for a directed verdict will not be disturbed on appeal unless the trial court abused its discretion. Howard v. Canteen Corp., 192 Mich.App. 427, 431 [ 481 N.W.2d 718 ] (1992). Similarly, judgment notwithstanding the verdict is improper where the evidence is such that reasonable minds could differ. Byrne v. Schneider’s Iron & Metal, Inc., 190 Mich.App. 176, 179 [ 475 N.W.2d 854 ] (1991).”

   1 later decision quote this exact passage
   e.g. Shaun Bonkowski v. Allstate Insurance Company

2. “In certain situations . . . where the consequences. . . are severe, the lack of warning is undisputed, and the person . . . is dead, the jury may be permitted to infer that a warning would have been heeded and that the failure to warn was a proximate cause of the injury. Not only would it be virtually impossible to prove what the decedent would have done had he been warned, but, as a practical matter, nothing more is added in this case by having a witness merely state that, had the danger been known . . . he would have acted to avoid the danger.”

   1 later decision quote this exact passage
   e.g. Patch v. Hillerich & Bradsby Co.