Fuches v. S.E.S. Co.’s Empirical Analysis

Citation profile

5 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A Plaintiff has a duty to [make use of reasonable means to effect a speedy cure of his/her injuries as reasonably possible] [take reasonable steps which would have lessened or reduced any damages]. This is known as mitigation of damages. Defendant claims Plaintiff was at fault by failing to mitigate damages. Failure to mitigate damages constitutes fault. “Failure to mitigate” means failing to exercise ordinary care to [obtain reasonable medical treatment] [take reasonable steps] which would have lessened or reduced any injuries to damages sustained. An injured person has no duty to undergo a serious or speculative surgical operation or medical procedure, but if by slight expense and inconvenience, a person exercising ordinary care could have reduced the consequences of his/her injury, and failed to do so, he/she cannot recover for any damages that might have been avoided. If you find that Plaintiff failed to mitigate damages, you will include this as part of Plaintiffs fault in your comparison of fault. The burden is on the Defendant to prove Plaintiff failed to mitigate damages.”

   1 later decision quote this exact passage
   e.g. Ort v. Klinger