482 So. 2d 450 - Hernandez v. Pino’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Assuming that the X-rays were not intentionally made unavailable, the next inquiry would be whether [defendant] will be unable to mount a defense without them. * * * * * * * * [I]n this case there was other admissible evidence available to defendant. Defendant himself is an expert in the subject area out of which the action arises. He reviewed the X-rays, made notations, and drew conclusions upon which he based his decision to extract all of plaintiff's teeth. In preparation for the litigation defendant then gave the X-rays to his own expert for review. The record is silent as to the availability of defendant's expert witness. [ 482 So. 2d at 453 ].”

   1 later decision quote this exact passage
   e.g. 229 N.J. Super. 37 - Nerney v. Garden State Hosp.

2. “Ordinarily where a party in possession loses or destroys crucial record evidence a burden is imposed on that party to prove that the loss or destruction was not in bad faith ... Assuming [no bad faith], the next inquiry would be whether [the opposing party] will be unable to mount a defense without them.”

   1 later decision quote this exact passage
   e.g. Torres v. Matsushita Elec. Corp.