Hanzy v. Sam’s Empirical Analysis

Citation profile

21 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Our purpose and our constitutional role is to guarantee by appellate review that the trial judge or jury in fulfilling its role has not so excessively abused its much discretion that our consciences would be shocked if such an award were allowed to remain untouched.”

   3 later decisions quote this exact passage
   e.g. 537 So. 2d 740 - Wisner v. Illinois Cent. Gulf RR · 572 So. 2d 197 - Miller v. State

2. “We are once again faced with the troublesome issue of appellate review of a trial court’s general damage award. Much of the trouble exists because of two opposing policy considerations which are manifested in our constitution and statutes. The Constitution empowers appellate courts to review both fact and law on appeal. La. Const. Article 5, § 10(B). However, La.C.C. art. 1934(3) gives trial courts and juries “much discretion” in assessing tort damages. If a trial court’s much discretion is to be given any weight, then appellate review of damage awards must necessarily be limited to the exceptional cases in which the trial court has clearly abused its discretion. But what constitutes “much discretion” and “clear abuse” has not been adequately addressed in our law or in our jurisprudence, probably because of the slippery nature of the concept of general damage awards, i.e., awards for physical and mental pain and suffering, grief, mental anguish, etc.”

   1 later decision quote this exact passage
   e.g. 471 So. 2d 1003 - Carson v. Witty

3. “Our point of course is that there is no manual that one can look to for the answer as to what is shocking enough to constitute an abuse of discretion. Whether a particular award shocks the conscience will depend to a large extent on the philosophical makeup of the reviewing court. But importantly, if a change is to be made, it must not be merely a slight change in the award. It must not be a change merely because the reviewing court would have given a different amount. If any change is made, it must be made because the trial award is so out of line with reality that it is shocking and would constitute an injustice if allowed to stand.”

   1 later decision quote this exact passage
   e.g. 471 So. 2d 1003 - Carson v. Witty