Morris v. Francisco’s Empirical Analysis
1985
Citation profile
4 district · 27 state decisions
How this case has been cited
Cited by 31 later decisions — most recently August 2018 · most notably Cerretti v. Flint Hills Rural Electric Cooperative Ass'n (1992), Enlow v. Sears, Roebuck & Co. (1991)
4 district · 27 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 Hoard v. Shawnee Mission Medical Center · Ratterree v. Bartlett · Voss Ex Rel. Voss v. Bridwell · Iola State Bank v. Bolan · Casement v. Gearhart
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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘Pain and suffering have no known dimensions, mathematical or financial. There is no exact relationship between money and physical or mental injury or suffering, and the various factors involved are not capable of proof in dollars and cents. For this very practical reason the only standard for evaluation is such amount as reasonable persons estimate to be fair compensation for the injuries suffered. . . .’ “Such awards are overturned only if the collective conscience of the appellate court is shocked. [Citations omitted.]” Morris, 238 Kan. at 77-78 .”
3 later decisions quote this exact passage · from the majority““In an action for personal injuries, the trial court should instruct the jury only on those items of damage upon which there is some evidence to base an award. It is not proper to give a general instruction on damages for ‘any of the following shown by the evidence’ when there is no evidence to support an award for a particular item.” “In a negligence action, recovery may be had only where there is evidence showing with reasonable certainty the damage was sustained as a result of the complained-of negligence. Recovery may not be had where the alleged damages are too conjectural or speculative to form a basis for measurement. To warrant recovery of damages, therefore, there must be some reasonable basis for computation which will enable the trier of fact to arrive at an approximate estimate of the amount of loss.””
2 later decisions quote this exact passage · from the majority““the extent of the diminution or impairment of earning capacity is a relevant consideration and is arrived at by comparing what the injured party was capable of earning at or before the time of the injury with what the party is capable of earning after the injury. This is recovery for injury to the capacity to earn and is relevant in calculating a party’s loss of earnings. “In addition, in determining the amount to be awarded for decreased earning capacity, the jury should consider the health of the injured party and the party’s physical ability to maintain herself before the injury, as compared with her condition in these respects afterward. [Citation omitted.]” 238 Kan. at 79 .”
1 later decision quote this exact passage · from the majority
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.