347 Pa. Super. 1 - Olson v. Dietz’s Empirical Analysis

Citation profile

54 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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A judgment notwithstanding the verdict may be entered only in a clear case, Sperrazza v. Cambridge Mutual Fire Insurance Company, 313 Pa.Super. 60 , 459 A.2d 409 (1983), and is proper only where the facts are such that no two reasonable persons could fail to agree that the verdict is improper. Buck v. Scott Township, 325 Pa.Super. 148 , 472 A.2d 691 (1984). Judgment n.o.v. should not be entered in cases where evidence is conflicting upon a material fact. Burg v. Aberman, 183 Pa.Super. 1 , 128 A.2d 179 (1957). In considering such a motion, a reviewing court is required to consider the evidence, together with all reasonable inferences therefrom, in the light most favorable to the verdict winner. Claytor v. Durham, 273 Pa.Super. 571 , 417 A.2d 1196 (1980).”

   2 later decisions quote this exact passage
   e.g. 404 Pa. Super. 401 - Trans Canada Credit Corp. v. Kosack · 432 Pa. Super. 263 - Fisch's Parking, Inc. v. Independence Hall Parking, Inc.

2. “‘. The exclusion procedure comprises the identification of certain genetic markers in the blood of the mother, child, and putative father; followed by the application of “Mendelian rules of inheritance” to determine whether it would be genetically impossible for the accused to be the biological father. An exclusion may occur in two ways. First, the child may possess a genetic characteristic which had to have come from someone other than the defendant. Second, the child may lack a genetic marker that he would have to possess if the accused were the father. In either of these situations, the defendant is conclusively proved innocent without any statistical estimations. In many cases, the possibility of exclusion may approach 99% when several genetic marker systems are used. The credibility of the exclusion method is beyond reproach in the scientific community, and most courts will accept results indicating non-paternity as conclusive proof. .., Basically, the inclusion procedure commences where the exclusion procedure terminates. In other words, when ' the typing stage (the method described above as the “exclusion method”) fails to exclude the accused, a statistical estimation of his “likelihood of paternity” is calculated. This calculation entails the use of a probability formula known as the “Essen-Moller” version of the “Bayes’ Theorem.” A simplified version of this formula may be summarized as follows: The ratio of the likelihood that the accused contributed certain genetic”

   1 later decision quote this exact passage
   e.g. 434 Pa. Super. 93 - Commonwealth v. Khamphouseane

3. “This calculation entails the use of a probability formula known as the “Essen-Moller” version of the “Bayes’ Theorem.” A simplified version of this formula may be summarized as follows: The ratio of the likelihood that the accused contributed certain genetic characteristics identified in the child, to the likelihood that one other “random man” contributed them. The “random man” variable is derived from the estimated frequencies of the particular characteristics in the relevant population. The ratio yielded by the Bayes’ formula, called the “paternity index,” is converted into a percentage value, “the likelihood of paternity,” which is then presented to the trier of facts.”

   1 later decision quote this exact passage
   e.g. 412 Pa. Super. 281 - Stahli v. Wittman