Burnette v. Eubanks’s Empirical Analysis

Citation profile

2 district · 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Joel's father, Vernon Burnette, testified that Joel took care of the needs of his family. Joel was extremely close to his parents. Joel engaged in numerous activities with his father including sports, target shooting and fishing. Joel taught his father how to fly-fish. Joel spoke to his parents by phone nearly every day. Joel played board games with his parents. His father testified that even after his health went downhill, Joel still tried to be caring and attentive to the needs of his family. At trial, Joel's father discussed a card that Joel had sent to his parents which showed how caring and attentive Joel was to his parents. Joel's father testified that Joel regularly gave similar notes to his parents. "Joel's mother, Gail Burnette, testified that Joel regularly went on trips to the zoo with his parents. He also went on trips to the lake with his parents. She testified that Joel was close to his father and engaged in activities with him such as working on cars. In describing her relationship with Joel, Gail described him as her best friend. She testified that Joel helped his parents see the world through the eyes of a younger generation, and that she valued that. She testified that Joel was attentive to the needs of his parents and was a caring son. His mother testified that even after Joel became ill, he still tried to be attentive to his family's needs. Even after he became sick, Joel continued going to movies and similar activities with her, but he found it difficult”

   1 later decision quote this exact passage
   e.g. Burnette v. Eubanks

2. “" Economic damages include : "1. Loss of attention, care, and loss of a complete family . "2. Reasonable funeral expenses. "For item 1, above, you should allow an amount that you believe would be equivalent to the benefit plaintiffs ... could reasonably have expected to receive from the continued life of the deceased . " Noneconomic damages include : "1. Mental anguish, suffering, or bereavement. "2. Loss of Society, loss of comfort, or loss of companionship . " For noneconomic damages, there is no unit value and no mathematical formula the court can give you. You should allow an amount that you find to be fair and just under all the facts and circumstances ." (Emphases added.)”

   1 later decision quote this exact passage
   e.g. Burnette v. Eubanks

3. “[i]t submits Wentling damages. And we think under ... Wentling and subsequent cases that evidence needs to be presented, that was not presented in this case, to justify Wentling damages, which would be a financial loss beyond a noneconomic loss to the parents .”

   1 later decision quote this exact passage
   e.g. Burnette v. Eubanks