Edwards v. Gerstein’s Empirical Analysis
2012
Citation profile
6 state decisions
Relationships
Relies on Duncan v. Missouri Board for Architects, Professional Engineers & Land Surveyors · Blue v. Harrah's North Kansas City, LLC · Gill Construction, Inc. v. 18th & Vine Authority · Zakibe v. Ahrens & McCarron, Inc. · Rice v. Bol
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Proper preservation of error requires that objections be made at the instruction conference and renewed in a motion for new trial.” Syn, Inc., 200 S.W.3d at 135 . As noted in Rule 70.03, objections must be specific; general objections are not sufficient to preserve error. “ ‘The rationale behind making objections is to avert error and allow the trial court to make an intelligent ruling.’ ” Gill Constr., Inc. v. 18th & Vine Auth., 157 S.W.3d 699, 718 (Mo.App.2004) (quoting Gamble v. Bost, 901 S.W.2d 182, 188 (Mo.App.1995)). “‘Further, a point of appeal must be based on a theory voiced in the objection at trial and a defendant cannot expand or change on appeal the objection as made.’ ” Id. (quoting Zakibe v. Ahrens & McCarron, Inc., 28 S.W.3d 373, 387 (Mo.App.2000)).”
1 later decision quote this exact passage“Your verdict must be for plaintiff and against defendant Patients First Health Care, LLC if you believe: ■ First, Nurse Practitioner Barbara King either: Failed to instruct plaintiff to discontinue Lamictal on December 4, 2008; or Failed on December 4, 2008 to instruct plaintiff to contact the health care provider who had prescribed Lamictal to her-to inquire as. to whether she should continue taking the medication; and Second, Nurse Practitioner Barbara King in any one or more of the respects submitted in paragraph First, was thereby negligent; and Third, such negligence directly caused or directly contributed to cause damage to plaintiff.”
1 later decision quote this exact passage“When there is no applicable MAI instruction, a non-MAI instruction may be given if it conforms to the requirements of Rule 70.02 in that it is simple, brief, impartial and free from argument.”
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.