Benson v. Lowe’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Section 8.01-379.1 allows the plaintiff in any civil action to inform the jury of the amount of damages sought, not damages recovered nor damages recoverable. Section 8.01-379.1 applies notwithstanding the medical malpractice liability cap. Further, § 8.01-379.1 allows a plaintiff to plead an ad damnum clause larger than what the plaintiff, by way of oral argument, requests from a jury. Thus, even assuming arguendo that the language of the medical malpractice liability cap restricts the amount of the ad damnum clause, the language of § 8.01-379.1 would permit a plaintiff, notwithstanding this cap, to (1) plead an ad damnum larger than what the plaintiff ultimately requests, and (2) to tell the jury the amount of its ad damnum clause.”

   1 later decision quote this exact passage
   e.g. Wright v. Eli Lilly & Co.