26 Ohio App. 3d 55 - Couch v. Thomas’s Empirical Analysis

Citation profile

2 district · 14 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In the classic sense, a cause of action for contribution exists when a defendant has paid more than his or her proportionate share of damages to an injured plaintiff. Such defendant may then sue other defendants also responsible for the plaintiffs injury to recover any damages paid which exceed his or her proportionate percentage of liability. The cause of action for contribution is therefore an action which is not a part of the original claim or tort, but an adjustment between defendants separate from the plaintiffs claim arising from the principles of equity and natural justice.”

   1 later decision quote this exact passage · from the majority
   e.g. Hodge v. Middletown Hosp. Ass'n

2. ““Except as otherwise provided in this section or section 2307.32 of the Revised Code, if two or more persons are jointly or severally liable in tort for the same injury or loss to persons or property or for the same wrongful death, there is a right of contribution among them even though judgment has not been recovered against all of them.” (Emphasis added.)”

   1 later decision quote this exact passage · from the majority
   e.g. 115 Ohio App. 3d 344 - Eilerman v. Colegate

3. “[t]he right of contribution exists only in favor of a tortfeasor who has paid more than his proportionate share of the common liability, and his total recovery is limited to the amount paid by him in excess of his proportionate share.”

   1 later decision quote this exact passage · from the majority
   e.g. Eberly v. Barmet Industries, Inc.