608 So. 2d 1069 - STATE, DOTD v. Scramuzza’s Empirical Analysis
1992
Citation profile
6 state decisions
Relationships
Relies on Anderson v. New Orleans Public Service, Inc. · 583 So. 2d 443 - Trans-Global Alloy v. First Nat. Bank · STATE, DOTD v. Dietrich · 572 So. 2d 39 - State Through DOTD v. Estate of Davis · 543 So. 2d 480 - Adams v. Security Ins. Co. of Hartford
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"At the outset, it is important to acknowledge the different positions of the trier of fact, the jury, and the district court. Each had a specific standard to apply and burden of proof to consider concerning the verdict and judgment which they rendered. When facing a verdict after trial, the trier of fact, the jury, must consider the standard of "the preponderance of the evidence." When a party has proven his case to that standard, he is entitled to prevail. When facing a Motion for JNOV, the district judge must consider the standard of "reasonable men could not arrive at a contrary verdict." When mover has convinced the district judge that this standard was met, the motion should be granted. If the motion was granted based on the district judge's evaluation of the evidence and credibility of the witnesses, then it was improperly granted and should be reversed." * * * * * * "A JNOV is properly granted "only when the facts and inferences are so strongly and overwhelmingly in favor of one party that the trial judge believes reasonable men could not have arrived at a contrary verdict." Adams v. Security Ins. Co. of Hartford, 543 So.2d 480, 486 (La.1989). Anderson v. New Orleans Public Service, 583 So.2d 829 (La.1991). "A JNOV is based on a different standard from additur and remittur, namely, that based on the evidence there is no genuine issue of fact." Trans Global Alloy v. First Nat. Bank, 564 So.2d 697, 710 (La.App. 5th Cir.1990), affirmed in part, rev'd in part on other gro”
3 later decisions quote this exact passage“1. The trial judge erred in setting aside the jury verdict and rendering a JNOV on the issue of the value of the expropriated property; 2. The trial judge similarly erred in granting a JNOV on the issue of delay damages; 3. The trial judge erred in holding that the dedicated streets had been abandoned and therefore had reverted back to the landowners' ownership. Both the jury award for this item and the increased JNOV amount for this item have no legal basis; 4. The trial judge erred in granting a conditional new trial; 5. The attorneys' fees and expert witness fees awarded by the judge are excessive and should be reduced.”
1 later decision quote this exact passage“insufficient, he had to pass on the credibility of the witnesses and weigh the evidence, which is prohibited in the determination of a Motion for JNOV. This court further found that the evidence presented in that first trial was”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.