2002 Pa. Super. 224 - Lanning v. West’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In reviewing a trial court’s decision whether or not to grant judgment in favor of one of the parties, we must “consider the evidence, together with all favorable inferences drawn therefrom, in a light most favorable to the verdict winner.” Walker v. Grand Central Sanitation, Inc., 430 Pa. Super. 236 , 634 A.2d 237, 240 (Pa. Super. 1993). “Our Standard of Review when considering motions for a directed verdict and judgment notwithstanding the verdict are identical.” Brown v. Philadelphia College of Osteopathic Medicine, 2000 PA Super 262 , 760 A.2d 863, 868 (Pa. Super. 2000). We will reverse a trial court’s grant or denial of a judgment notwithstanding the verdict only when we find an abuse of discretion or an error of law that controlled the outcome of the case. Mitchell v. Moore, 1999 PA Super 77 , 729 A.2d 1200, 1203 (Pa. Super. 1999). Further, “the Standard of Review for an appellate court is the same as that for a trial court.” Ferry v. Fisher, 709 A.2d 399, 402 (Pa. Super. 1998). There are two bases upon which a judgment N.O. V. can be entered: one, the movant is entitled to judgment as a matter of law and/or two, the evidence is such that no two reasonable minds could disagree that the outcome should have been rendered in favor of the movant. With the first, the court reviews the record and concludes that even with all factual inferences decided adverse to the movant the law nonetheless requires a verdict in his favor, whereas with the second the court reviews the evide”

   4 later decisions quote this exact passage
   e.g. Obermayer Rebmann Maxwell & Hippell LLP v. Colaizzo · 2003 Pa. Super. 8 - Joseph F. Cappelli & Sons, Inc. v. Keystone Custom Homes, Inc.

2. “The general rule for a grant of a new trial on the basis that it is against the weight of the evidence allows the granting of a new trial only when the jury’s verdict is contrary to the evidence as to shock one’s sense of justice and a new trial is necessary to rectify this situation. Unlike appellate review of a refusal to enter a judgment N.O.V., where the evidence and all reasonable inferences therefrom are viewed in the light most favorable to the verdict winner, the appellate court, in reviewing the refusal to grant a new trial, ordinarily considers all of the evidence. The court is not required to consider the evidence in the light most favorable to the verdict winner when passing on the question of whether a verdict is against the weight of the evidence. Rather, the court is to view all of the evidence. Moreover, a new trial will not be granted on the ground that the verdict was against the weight of the evidence where the evidence is conflicting and the fact-finder could have decided in favor of either party.”

   1 later decision quote this exact passage
   e.g. 2005 Pa. Super. 215 - Folger ex rel. Folger v. Dugan