Luck v. Miller’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Cross-examination of a witness often produces inconsistencies or other indicia that the event was not precisely as depicted by the witness on direct examination. Such inconsistencies or imperfect recollection can be attributed to a number of causes, including the passage of time or repeated recounting of the event. However, one’s character for honesty and truthfulness is a pervasive trait and spans events beyond the case on trial. A review of the record discloses that Miller’s cross-examination of Luck was structured to secure statements that admitted or implied that Luck’s injuries were the result of a 1985 accident at a 7-Eleven store; that, in a previous suit, Luck withheld information from attorneys regarding her treating physicians and regarding the subsequent accident with Miller; and that Luck misrepresented the permanency of, and pain arising from, her injuries sustained in the previous accident. These matters are ones about which she could not have been “honestly mistaken,” go beyond the events of this case, and bring into question the character of Luck as to the trait of veracity. [Id. at 871 (citations omitted).]”

   1 later decision quote this exact passage · from the majority
   e.g. 371 N.J. Super. 499 - Ostrowski v. Cape Transit Corp.