McIntosh v. Deas’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[a]bsent either of these findings, the trial court abuses its discretion[,]”

   7 later decisions quote this exact passage
   e.g. State Highway Com'n v. Warren · Gaines v. K-Mart Corp.

2. “As the appellant has pointed out, this Court has approved jury verdicts of similar disparity to the actual damages. Woods v. Nichols, 416 So.2d 659 (Miss. 1982) gives an extensive discussion of prior cases where large verdicts were approved. In Woods , where the plaintiff UPS driver was severely injured in a traffic accident, the Court affirmed a $550,000.00 verdict against approximately $53,000.00 in actual damages. The majority opinion stated, "Some of the elements that may be considered by the jury ... include: the degree of physical injury, mental and physical pain, present and future, temporary and permanent disability, medical expenses, loss of wages and wage-earning capacity, sex, age and plaintiff's state of health...." Id. at 671 . The case at hand bears a striking resemblance to Holmes County Bank & Trust v. Staple Cotton Co-op., 495 So.2d 447 (Miss.1986). In that case, the plaintiff, who was also retired, received an award of $200,000.00 for injuries suffered as the result of a truck/tractor-trailer accident. The trial court ordered a remittitur of $113,400.39, leaving the plaintiff only $86,599.62. Justice Griffin, writing for the Court, reversed the trial court's order of a remittitur, holding that: "Judges cannot sit as jurors, and the question before them is never what they would have done sitting as a juror but whether, considering the evidence in the light most favorable to the non-moving party, together with all reasonable inferences which may be drawn there”

   1 later decision quote this exact passage
   e.g. 738 So. 2d 746 - General Motors Corp. v. Pegues

3. “Some of the elements that may be considered by the jury ... include: the degree of physical injury, mental and physical pain, present and future, temporary and permanent disability, medical expenses, loss of wages and wage-earning capacity, sex, age and plaintiff's state of health....”

   1 later decision quote this exact passage
   e.g. 738 So. 2d 746 - General Motors Corp. v. Pegues