Graham v. Whitaker’s Empirical Analysis

Citation profile

2 district · 86 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 93 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is well settled in South Carolina that one spouse's cause of action for medical expenses and loss of consortium resulting from negligent injuries to the other spouse is a different and distinct cause of action from one maintained by the injured spouse; judgment in favor of the defendant in one action is not a bar to the other action.”

   2 later decisions quote this exact passage
   e.g. Page v. New Lower Richland Medical Center · 572 So. 2d 850 - McCoy v. Colonial Baking Co. Inc.

2. “A person owes an invitee the duty of exercising reasonable or ordinary care for his safety and is liable for any injury resulting from the breach of this duty. This degree of care must be commensurate with the particular circumstances involved, including the age and capacity of the invitee. This duty is an active or affirmative duty.. It includes refraining from any act which may make the invitee's use of the premises dangerous or result in injury to him. It is unessential that the precise manner in which the injuries might have occurred, or where sustained, be foreseeable, or foreseen. It is sufficient that there is a reasonable generalized gamut of greater than ordinary dangers of injury and that the sustaining of the injury was within this range. It is, therefore, a jury question whether the defendant had provided reasonably safe premises. Hughes v. Children's Clinic, 269 S. C. 389, 237 S. E. (2d) 753 (1977). 1 [Emphasis ours.]”

   1 later decision quote this exact passage
   e.g. Lowrimore v. Fast Fare Stores, Inc.

3. “Dr. Whitaker submits that the trial judge abused his discretion in granting a new trial nisi additur claiming the facts and circumstances of this case call for a new trial not only as to damages but as to liability as well. We disagree. Formerly, when a new trial was granted all issues were submitted again to the jury. More recently, this court has determined that a new trial on a particular issue only is appropriate in the interest of judicial economy. In the case of Industrial Welding Supplies v. Atlas Vending Co., 276 S. C. 196, 277 S. E. (2d) 885 (1981), this court ruled that a new trial may be limited to a single issue.”

   1 later decision quote this exact passage
   e.g. Jones v. Ingles Supermarkets, Inc.