Dorn v. Wilmarth’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"This court has long approved the award of punitive damages in appropriate cases to punish the defendant and to thus deter him and all others from like conduct. * * * [Citations omitted] "* * * "Although this court has used a variety of terms to describe conduct justifying punitive damages it has consistently held that such damages are proper to deter wanton misconduct. In Day v. Holland, supra [ 15 Or. 464 , 15 P. 855 ], the court said: `* * * [W]here a tort is committed with a bad motive, or so recklessly as to imply a disregard of social obligations, and generally when the defendant appears to have done the act wantonly, maliciously, or wickedly, the jury may, in their discretion, give exemplary damages. * * *' 15 Or. at 469 , 15 P. [855] at 858. "The above statement has been quoted in several later cases and in many other cases conduct warranting punitive damages has been described as wanton. * * * "* * * "Wantonness has been generally equated with recklessness, * * *."”

   1 later decision quote this exact passage
   e.g. Harrell v. Ames

2. “"We think the conduct of one who drives a car after voluntarily drinking to excess is best classified as wanton or reckless. * * * "* * * "Driving a vehicle while under the influence of intoxicating liquor is a crime punishable by imprisonment in jail `for not more than one year, or by fine of not more than $1,000, or both.' ORS 483.992(2). We hold that an award of punitive damages is proper as a deterrent to the conduct proscribed by the above statute. * * *"”

   1 later decision quote this exact passage
   e.g. Harrell v. Ames

3. “This court has long approved the award of punitive damages in appropriate cases to punish the defendant and to thus deter him and all others from like conduct. * * * [Citations omitted]”

   1 later decision quote this exact passage
   e.g. Harrell v. Ames