Reeves v. Carlson’s Empirical Analysis

Citation profile

4 federal appellate · 14 district · 24 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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In ruling on a motion for directed verdict . . . the court is required to resolve all facts and inferences to be drawn from the evidence in favor of the party against whom the ruling is sought and, where reasonable minds could reach different conclusions based on the evidence, the motion must be denied and the matter submitted to the jury. This rule must also be applied when appellate review is sought on a motion for directed verdict. [Citation omitted.]” Reeves v. Carlson, 266 Kan. 310, 313 , 969 P.2d 252 (1998).”

   2 later decisions quote this exact passage · from the majority
   e.g. Worley v. Bradford Pointe Apartments, Inc. · 27 Kan. App. 2d 623 - Anderson v. Employers Mutual Casualty Insurance

2. “Wanton conduct is an act performed with a realization of the imminence of danger and a reckless disregard or complete indifference to the probable consequences of the act. A wanton act is more than ordinary negligence but less than a willful act. For an act to be wanton, the actor must realize the imminence of danger and recklessly disregard and be indifferent to the consequences of his or her act. Wantonness refers to the mental attitude of the wrongdoer rather than a particular act of negligence. In order for a plaintiff to prove wanton conduct, it is not necessary that the plaintiffs evidence establish a formal and direct intention to injure any particular person. It is sufficient if the defendant evinced that degree of indifference to the rights of others which may justly be characterized as reckless. Recklessness is a stronger term than negligence. To be reckless, conduct must be such as to show disregard of or indifference to consequences, under circumstances involving danger to life or safety of others. The keys to a finding of wantonness are the knowledge of a dangerous condition and indifference to the consequences.”

   1 later decision quote this exact passage · from the majority
   e.g. 658 F. Supp. 2d 1281 - PS Ex Rel. Nelson v. the Farm, Inc.

3. ““(b) At a proceeding to determine the amount of exemplary or punitive damages to be awarded under this section, the court may consider: (1) The likelihood at the time of the alleged misconduct that serious harm would arise from the defendant’s misconduct; (2) the degree of the defendant’s awareness of that likelihood; (3) the profitability of the defendant’s misconduct; (4) the duration of the misconduct and any intentional concealment of it; (5) the attitude and conduct of the defendant upon discovery of the misconduct; (6) the financial condition of the defendant; and (7) the total deterrent effect of other damages and punishment imposed upon the defendant as a result of the misconduct, including, but not limited to, compensatory, exemplary and punitive damage awards to persons in situations similar to those of the claimant and the severity of the criminal penalties to which the defendant has been or may be subjected.””

   1 later decision quote this exact passage · from the majority
   e.g. Mynatt v. Collis