O'BRIEN v. Everfast, Inc.’s Empirical Analysis

Citation profile

3 federal appellate · 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Where the trial court has set aside a jury verdict, that verdict is not entitled to the same weight as a verdict which has been approved by the trial court. Nevertheless, this Court will accord the party who received the verdict the benefit of all substantial conflict in the evidence, as well as all reasonable inferences that could be drawn therefrom. However, if a jury necessarily has reached its conclusions based on speculation and conjecture, the plaintiff’s case fails.”

   1 later decision quote this exact passage · from the majority
   e.g. Simmons v. Miller

2. “[t]he absence of evidence as to what caused the bolt of fabric to fall would not preclude the jury from finding that O'Brien's injury resulted from [the store's] negligence”

   1 later decision quote this exact passage · from the majority
   e.g. Hodge v. Wal-Mart Stores, Inc.

3. “[t]hese facts were sufficient to permit the jury to find, without resorting to speculation or conjecture, that the salesperson knew of the potential danger”

   1 later decision quote this exact passage · from the majority
   e.g. Hodge v. Wal-Mart Stores, Inc.