282 Pa. Super. 166 - Fretts v. Pavetti’s Empirical Analysis

Citation profile

30 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Although out-of-pocket expenses in this case were minimal, there was considerable testimony in this case concerning pain and suffering. We have previously noted the difficulty in achieving precision in calculating appropriate compensation because one cannot discern the amount of pain and suffering that was endured merely by considering the expenses incurred. See Zagari v. Gralka, 264 Pa.Super. 239 , 399 A.2d 755 (1979); Robert v. Chodoff, [ 259 Pa.Super. 332 , 393 A.2d 853 (1978)]; Pape v. Short, 28 D. & C.2d 581 (C.P. Allegheny Co. 1961), aff'd. 199 Pa.Super. 617 , 186 A.2d 431 (1962).”

   2 later decisions quote this exact passage
   e.g. 311 Pa. Super. 526 - Powell v. City of Philadelphia · 296 Pa. Super. 145 - Martin v. Soblotney

2. “Appellate courts are properly reluctant to interfere with jury verdicts in personal injury cases, which verdicts are supported by the opinion and approval of the trial judge ____ The granting or refusal of a new trial because of excessiveness is peculiarly within the discretion of the court below and we will not interfere, absent a clear abuse of discretion. We will not hold that a verdict is excessive unless it is “ ‘so grossly excessive as to shock our sense of justice ....’” [Wjhile each case is unique and dependent upon its own special circumstances, the following factors, inter alia, are relevant in determining whether a particular verdict is excessive: (1) the severity of the injury, (2) whether plaintiff’s injury is manifested by objective physical evidence instead of merely the subjective testimony of the plaintiff, (3) whether the injury will affect the plaintiff permanently, (4) whether the plaintiff can continue with his employment, (5) the size of plaintiff’s out-of-pocket expenses, and (6) the amount plaintiff demanded in the original complaint.”

   1 later decision quote this exact passage
   e.g. 308 Pa. Super. 111 - Mattox v. City of Philadelphia

3. “There is no change of assets subject to liability by permitting appellant to amend its pleading. This is a common concern in cases where a party has not been permitted to change the form of the business entity. Stated otherwise, appellee could not be prejudiced, regardless of the form of the business entity if the assets subject to liability remain the same. Generally, when an appellee will not be prejudiced by the proposed change, courts are inclined to deem the change one of name only, not of party, and will permit the amendment to allow the change.”

   1 later decision quote this exact passage
   e.g. 139 Pa. Commw. 427 - Spencer v. Pavlik