Petitto v. McMichael’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. “A trial court may grant a JNOV only when the evidence points so strongly and overwhelmingly in favor of the moving party that reasonable men could not reach a contrary verdict. If there is substantial evidence opposed to the motion, i.e., evidence of such quality and weight that reasonable and fair-minded men in the exercise of impartial judgment might reach different conclusions, the motion must be denied.”

   4 later decisions quote this exact passage
   e.g. 665 So. 2d 52 - Seal v. Bogalusa Community Medical Center · 633 So. 2d 638 - Pino v. Gauthier

2. “[w]hen the verdict or judgment appears clearly contrary to the law and the evidence.”

   3 later decisions quote this exact passage
   e.g. Boudreaux v. Colonial Lloyd's Ins. Co. · 645 So. 2d 1256 - Barlow v. State Farm Mut. Auto. Ins. Co.

3. “A party may not assign as error the giving or the failure to give an instruction unless he objects thereto either before the jury retires to consider its verdict or immediately after the jury retires, stating specifically the matter to which he objects and the grounds of his objection. If he objects prior to the time the jury retires, he shall be given an opportunity to make the objection out of the hearing of the jury.”

   2 later decisions quote this exact passage
   e.g. 634 So. 2d 1212 - Sons v. Delaune · 806 So. 2d 826 - Etcher v. Neumann