Hess v. Jarboe’s Empirical Analysis

Citation profile

2 district · 32 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““An exception to this general rule is recognized when some independent tort or wrong results in additional injury which justifies the assessment of punitive damages by way of punishment of the wrongdoer. In such a case the proof of the independent tort must indicate the presence of malice, fraud or wanton disregard for the rights of others.” (p. 709.)”

   3 later decisions quote this exact passage · from the majority
   e.g. 5 Kan. App. 2d 739 - Atkinson v. Orkin Exterminating Co. · Hass v. Preferred Risk Mutual Insurance

2. “(p. 336). As to appellant's claim for punitive damages, it is clear that such damages are not recoverable for breach of contract in the absence of an independent tort connected therewith.”

   3 later decisions quote this exact passage · from the majority
   e.g. Garrett v. American Family Mutual Insurance Co. · 2 Kan. App. 2d 163 - Frickey Ex Rel. Frickey v. Equity Mutual Insurance

3. “[a] party may recover punitive damages [for breach of contract] when some independent tort results in additional injury and such tortious act indicates malice, fraud or wanton disregard for the rights of others.”

   2 later decisions quote this exact passage · from the majority
   e.g. 2 Kan. App. 2d 163 - Frickey Ex Rel. Frickey v. Equity Mutual Insurance · Spencer v. Aetna Life & Casualty Insurance