Harrigan v. Freeman’s Empirical Analysis
1986
Citation profile
29 state decisions
How this case has been cited
Cited by 29 later decisions — most recently June 2010 · most notably 655 So. 2d 309 - Welch v. Winn-Dixie Louisiana, Inc. (1995), 570 So. 2d 460 - LaHaye v. Allstate Ins. Co. (1990)
29 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Arceneaux v. Domingue · Canter v. Koehring Company · 341 So. 2d 332 - Coco v. Winston Industries, Inc. · 373 So. 2d 498 - Reck v. Stevens · Dixie Drive It Yourself System New Orleans Co. v. American Beverage Co.
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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The failure of a party to call a witness, who possesses knowledge of facts pertinent to the case and whose absence is not satisfactorily explained, results in an inference that the witness's testimony would be adverse.... However, this rule must be tempered by the proposition that a party to a lawsuit needs only to prove his case. If he does so by calling one or more witnesses to testify concerning an issue, he should not be penalized because he fails to call still another witness on the subject. ... And once a plaintiff has made out a prima facie case, the opposing party should not be allowed to take no action to produce a witness to a transaction and use that witness's absence as mute refutation of the testimony of the witness who did testify.... Clearly, having made a prima facie showing, through her own testimony corroborated by documentary evidence, plaintiff's failure to call a second witness should not raise any adverse inference. (Citations omitted)”
2 later decisions quote this exact passage“Prima facie evidence is evidence sufficient to establish a given fact, which if not rebutted or contradicted will remain sufficient.”
2 later decisions 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.