281 N.J. Super. 511 - Ahn v. Kim’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “irremediably tainted the jury's special verdicts.”

   3 later decisions quote this exact passage · from the majority
   e.g. 370 N.J. Super. 21 - Linquito v. Siegel · 291 N.J. Super. 10 - Kass v. Great Coastal Exp., Inc.

2. “[R]eference to the statutory presumption of death [and to the declaration of death] is no more appropriate on the retrial than reference to the presumption against suicide was. They are both procedural vehicles forged by the law to expedite human affairs where the true facts are uncertain. In this case each has demonstrated its utility. Plaintiff has been qualified after five years to bring the death action and has been forced to come forward with factual proof on the likelihood that Dr. Ahn committed suicide. She has had the advantage of the presumption of death statute. She has assumed the procedural burden of proving a suicide. Counsel cannot comment on and the judge cannot charge on the presumptions. The force and utility of both presumptions is dissipated and they are now irrelevant to the jury. The case should be presented as a straight-forward wrongful death action with the issues of negligence and causation presented to the jury without the clutter or distraction of these legal presumptions. [Ziid]”

   1 later decision quote this exact passage · from the majority
   e.g. Kejoo Ahn v. Chung Kim