346 Pa. Super. 23 - Baciotti v. Simmons’s Empirical Analysis
1985
Citation profile
2 federal appellate · 18 state decisions
How this case has been cited
Cited by 22 later decisions — most recently December 2010
2 federal appellate · 18 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 Laudenberger v. Port Auth. of Allegheny · Independent Federation of Flight Attendants v. Trans World Airlines, Inc. · 339 Pa. Super. 15 - Feingold v. Southeastern Pennsylvania Transportation Authority · 324 Pa. Super. 315 - Greenspan v. United Services Automobile Ass'n · Daugherty v. Hershberger
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The total verdict recovered by [the plaintiff]... must be apportioned in the same manner in which the jury apportioned liability. ‘It would be unrealistic to require each defendant to offer nearly the full amount of damages ultimately recovered in an action, where the amount finally attributed to each defendant is only a percentage of the total [verdict] . . . .’ Richardson v. LaBuz, 81 Pa. Commw. 436, 458 , 474 A.2d 1181, 1196 (1984). Thus, the liability of [the non-settling defendant] is computed on... the proportionate part of the total verdict assessed against [the non-settling defendant]. Id. at 29-30, 498 A.2d at 1354 . See also, Korn v. Consolidated Rail Corp., 355 Pa. Super. 170 , 512 A.2d 1266 (1986).”
2 later decisions quote this exact passage“(a) Except as provided in subdivision (e), in an action seeking monetary relief for bodily injury, death or property damage, or any combination thereof, the court or the arbitrators appointed under the Arbitration Act of June 16, 1836, P.L. 715, as amended, 5 P.S. § 30 et seq., or the Health Care Services Malpractice Act of October 15,1975, P.L. 390, 40 P.S. § 1303.101 et seq., shall (1) add to the amount of compensatory damages in the award of the arbitrators, in the verdict of a jury, or in the court’s decision in a nonjury trial, damages for delay at ten (10) percent per annum, not compounded, which shall become part of the award, verdict or decision; (2) compute the damages for delay from the date the plaintiff filed the initial complaint in the action or from a date one year after the accrual of the cause of action, whichever is later, up to the date of the award, verdict or decision. * * * * * (e) If a defendant at any time prior to trial makes a written offer of settlement in a specified sum with prompt cash payment to the plaintiff, and continues that offer in effect until commencement of trial, but the offer is not accepted and the plaintiff does not recover by award, verdict or decision, exclusive of damages for delay, more than 125 percent of the offer, the court or the arbitrators shall not award damages for delay for the period after the date the offer was made.”
1 later decision quote this exact passage“... Baciotti’s recovery was fixed by the jury at $135,-000.00. Because Simmons had already paid $100,000.00, the only amount which Strasburg Township was liable to pay was $35,000.00. On March 1,1982, the Township had made an offer of $50,000.00 ... It is clear that the Township’s offer was greater than the Township’s liability to pay damages to Baciotti. Strasburg Township’s liability for Rule 238 damages, therefore, was terminated on March 6, 1982____ Baciotti’s compensation for the deprivation of use of money withheld from her was tolled after the settlement with Simmons was complete because the continuing offer of $50,000.00 was reasonable in light of the jury’s findings. Baciotti’s rejection of it ... was unreasonable.”
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.