Deck v. Teasley’s Empirical Analysis

Citation profile

1 federal appellate · 12 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) Parties may introduce evidence of the value of the' medical treatment rendered to a party that was reasonable, necessary, and a proximate result of the negligence of any party. (2) In determining the value of the medical treatment rendered, there shall be a rebuttable presumption that the dollar amount necessary to satisfy the financial obligation to the health care provider represents the value of the medical treatment rendered. Upon motion of any party, the court may determine, outside the hearing of the jury, the value of the medical treatment rendered based upon additional ' evidence, including but not limited to: (a) The medical bills incurred by a party; (b) The amouñt actually paid for medical treatment rendered to a party; (c) The amount or estimate of the amount of medical bills not paid which such party is obligated to pay to any entity in the event of a recovery; .”

   3 later decisions quote this exact passage
   e.g. Shanisha L. Saulsberry v. U.S. Toy Company, Inc. · Montgomery v. Wilson

2. “The rebuttable presumption in section 490.715.5 requires the trial court to determine if the party seeking to rebut the presumption has presented substantial evidence that the value of medical treatment rendered is an amount different from the dollar amount necessary to satisfy the financial obligations to health care providers. If such substantial evidence is proffered, the statutory presumption is rebutted. When the presumption is rebutted, the party’s other evidence of value, as well as the amount necessary to satisfy the financial obligations, is admitted at trial as if no presumption exists. If the presumption is not rebutted, then the only evidence of the value of medical treatment rendered is the dollar amount necessary to satisfy the financial obligation to the health care providers.”

   1 later decision quote this exact passage
   e.g. Montgomery v. Wilson

3. “Your client opened it up. But no more.” However, PJD made no further attempt to inject additional evidence on the subject of insurance and made no offer of proof as to what testimony or argument they wished to make in order to allow the trial court to make an informed decision on the matter. Absent a proper record before this Court, there is nothing for us to review on this argument. . "The common law collateral source rule is an exception to the rule that tort damages are only compensatory. Specifically, the rule prevents a tortfeasor from reducing his or her liability to a plaintiff by proving that payments were made to the plaintiff by a collateral source.”

   1 later decision quote this exact passage
   e.g. Precision Electric, Inc. v. Ex-Amish Specialties, Inc.