Hargett v. Dodson’s Empirical Analysis

Citation profile

12 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Wjhat we are faced with here is a ‘real party in interest’ situation. See CR 17. KRS 304.39-070 subrogates [the insurer] to the extent of its BRB payments and authorizes it to intervene in an action as it did here. By virtue of this statutory provision, appellant’s exposure to liability to the extent of BRB payments is to [the insurer] and not to the appellee. The fact that the insurance company, for whatever reasons it may have, chooses not to prosecute its claim to recovery does not by operation of law re-assign the claim to the insured for her to assert. To the contrary, KRS 304.39-060 expressly abolishes tort liability to the extent compensated by BRB. Even if appellee were actually paid the amount representing the BRB, she would hold the payments merely as a trustee for the insurance company as double recovery to the extent of BRB paid is not permitted under the Kentucky No-Fault Act.”

   1 later decision quote this exact passage
   e.g. Progressive Casualty Insurance Co. v. Kidd