Moszer v. Witt’s Empirical Analysis
2001
Citation profile
1 district · 13 state decisions
How this case has been cited
Cited by 14 later decisions — most recently August 2024
1 district · 13 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 Andrews v. O'HEARN · 110 Wis. 2d 86 - Westfall Ex Rel. Terwilliger v. Kottke · State v. Evans · Barta v. Hinds · Target Stores v. Automated Maintenance Services, Inc.
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[Wlhether the answers may fairly be said to represent a logical and probable decision on the relevant issues as submitted. If after a review of the district court’s judgment no reconciliation is possible and the inconsistency is such that the special verdict will not support the judgment entered below or any other judgment, then the judgment must be reversed and the case remanded for a new trial.”
3 later decisions quote this exact passagee.g. Duma v. Keena · Moen v. Thomas“While the jury never wavered from assessing on the special verdict form 75 percent of the fault to Moszer and 25 percent of the fault to Witt, the jury never simultaneously found Witt’s conduct to constitute both negligence and a proximate cause of the accident.... The jury’s answers to the special verdict clearly demonstrate they did not understand or correctly apply the law as given to them in the case, and their confusion was not resolved during the jury’s communications with the court. A jury verdict which assesses fault to a person after finding the person’s negligence was not a proximate cause is a “clearly inconsistent and perverse” verdict. Westfall by Terwilliger v. Kottke, 110 Wis.2d 86 , 328 N.W.2d 481, 485 (1983). The jury clearly never understood in this case that to assess fault against a person who has been charged with negligent operation of a motor vehicle, the jury must find both that the person’s conduct was negligent and that it was a proximate cause of the accident. We conclude the trial court’s refusal to vacate the verdict and grant a new trial under N.D.R.Civ.P. 59(g) constituted a manifest abuse of discretion.”
1 later decision quote this exact passagee.g. Haley v. Dennis
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.