Evans v. Werle’s Empirical Analysis
2000
Citation profile
2 federal appellate · 17 state decisions
How this case has been cited
Cited by 21 later decisions — most recently August 2022
2 federal appellate · 17 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Murphy v. Carron · Business Men's Assurance Co. of America v. Graham · Business Men's Assurance Co. of America v. Graham · Ken Cucchi Construction, Inc. v. O'Keefe · Gilmartin Bros., Inc. v. Kern
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Even if-[one of the plaintiffl’s testimony was not hearsay, it would have been necessary for [plaintiffs] to first provide evidence of the diminution in value of their home due to the roof damage. “In real property cases, courts generally utilize the ‘diminution in value’ test, turning only to the ‘cost of repair’ test when it constitutes a lower amount of recovery.” Business Men’s Assur. Co. of America v. Graham, 891 S.W.2d 438 , 450 (Mo.App.1994), affirmed after remand and transfer 984 S.W.2d 501 (Mo. banc 1999). “In defective construction cases, on the other hand, the ‘cost of repair’ test is favored, so that courts normally determine the damages by assessing the cost of correcting the defects or supplying the omissions.” Id. A court, however, cannot apply cost of repair damages until after it hears evidence of value. Flora v. Amega Mobile Home Sales, Inc., 958 S.W.2d 322, 324 (Mo.App.1998). Without evidence of the cost of repair of the roof or the diminution in value of their home, [plaintiffs] did not provide sufficient evidence of damages, and in turn, did not make a submissible case for breach of contract. Their claim, however, does give rise to nominal damages.”
1 later decision quote this exact passagee.g. Cason v. King“proof of a contract and its breach gives rise to nominal damages.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.