Forbes v. Cockerham’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. “JNOV is warranted when the facts and inferences point so strongly and overwhelmingly in favor of one party that the trial court believes that reasonable persons could not arrive at a contrary verdict. The motion should be granted only when the evidence points so strongly in favor of the moving party that reasonable persons could not reach different conclusions, not merely when there is a preponderance of evidence for the mover. The motion should be denied if there is evidence opposed to the motion which is of such quality and weight that reasonable and fair-minded persons in the exercise of impartial judgment might reach different conclusions. In making this determination, the trial court should not evaluate the credibility of the witnesses, and all reasonable inferences or factual questions should be resolved in favor of the non-moving party. This rigorous standard is based upon the principle that when there is a jury, the jury is the trier of fact.”

   2 later decisions quote this exact passage
   e.g. Wooley v. Lucksinger · 97 So. 3d 1081 - Alexander v. Laborde

2. “A reviewing court should afford considerable weight to an administrative agency's construction and interpretation of its rules and regulations adopted under a statutory scheme that the agency is entrusted to administer, and its construction and interpretation should control unless they are found to be arbitrary, capricious, or manifestly contrary to its rules and regulations. See, Dixie Electric Membership Corp. v. Louisiana Public Service Comm'n. , 441 So.2d 1208 , 1211 (La.1983) ; see, also, In the Matter of Recovery I, Inc. , 1993-0441 (La.App. 1st Cir. 4/8/94), 635 So.2d 690 , 696, writ denied , 1994-1232 (La. 7/1/94), 639 So.2d 1169 . .... This court has previously described the unreasonable risk of harm criterion as a guide in balancing the likelihood and magnitude of harm against the social utility of the thing, all the while considering a broad range of social and economic factors, including the cost to the defendant of avoiding the harm, as well as the risk and the social utility of the party's conduct at the time of the accident. Netecke , 1998-1182 , 1998-1197 p. 14-15, 747 So.2d at 498 . In every determination, all the circumstances surrounding the particular accident under review must be considered to determine whether DOTD's legal duty encompassed the risk which caused the plaintiff's damages. Oster , 582 So.2d at 1289 .”

   1 later decision quote this exact passage
   e.g. 249 So. 3d 51 - Sonnier v. State

3. “DOTD has a duty to maintain the public roadways, including adjacent shoulders and areas in the DOTD's right-of-way, in a condition that is reasonably safe and does not present an unreasonable risk of harm to the motoring public exercising ordinary care and reasonable prudence. Campbell v. State, Through Depart. of Transportation and Development , 1994-1052, p. 6 (La. 1/17/95), 648 So.2d 898 , 901-902 ; Brown v. Louisiana Indem. Co. , 1997-1344 p. 3 (La. 3/4/98), 707 So.2d 1240 , 1242 ; Oster v. Dept. of Transp. & Development , 582 So.2d 1285 , 1289-91 (La. 1991). This duty, however, does not render DOTD the guarantor for the safety of all of the motoring public or the insurer for all injuries or damages resulting from any risk posed by obstructions on or defects in the roadway or its appurtenances. Netecke v. State ex rel. DOTD , 1998-1182, 1998-1197 p. 8 (La. 10/19/99), 747 So.2d 489 , 495. Further, this court has held that DOTD's failure to design or maintain the state's highways to modern standards does not establish the existence of a hazardous defect in and of itself. Myers v. State Farm Mut. Auto. Ins. Co. , 493 So.2d 1170 , 1173 (La.1986). Whether DOTD has breached its duty to the public depends on all the facts and circumstances determined on a case by case basis. Campbell , 1994-[1052,] p. 6, 648 So.2d at 901 -902 .”

   1 later decision quote this exact passage
   e.g. 249 So. 3d 51 - Sonnier v. State