Whaley v. Perkins’s Empirical Analysis

Citation profile

23 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The applicable standard of review is set out in Tennessee Rule of Appellate Procedure 13(d), which provides, “[findings of fact by a jury in civil actions shall be set aside only if there is no material evidence to support the verdict.” * ⅝ * When addressing whether there is material evidence to support a verdict, an appellate court shall: (1) take the strongest legitimate view of all the evidence in favor of the verdict; (2) assume the truth of all evidence that supports the verdict; (3) allow all reasonable inferences to sustain the verdict; and (4) discard all countervailing evidence. Appellate courts shall neither reweigh the evidence nor decide where the preponderance of the evidence lies. If the record contains “any material evidence to support the verdict, the jury’s findings must be affirmed; if it were otherwise, the parties would be deprived of their constitutional right to trial by jury.””

   2 later decisions quote this exact passage · from the majority
   e.g. Roach v. Dixie Gas Co. · Elchlepp v. Hatfield

2. “The standard of conduct expected of a reasonable person may be prescribed in a statute and, consequently, a violation of the statute may be deemed to be negligence per se. When a statute provides that under certain circumstances particular acts shall or shall not be done, it may be interpreted as fixing a standard of care ... from which it is negligence to deviate. In order to establish negligence per se, it must be shown that the statute violated was designed to impose a duty or prohibit an act for the benefit of a person or the public. It must also be established that the injured party was within the class of persons that the statute was meant to protect.”

   1 later decision quote this exact passage · from the majority
   e.g. Estate of Martha S. French v. Stratford House