63 Ohio App. 3d 293 - Miller v. Marrocco’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““I. The trial court erred in permitting plaintiffs counsel, over objection, to make repeated references to and requests for punitive damages to the jury when the complaint failed to allege conduct or circumstances giving rise to punitive damages and contained no demand for punitive damages. “II. The trial court plainly erred in failing to expressly caution the jury that they were not to award punitive damages. “III. The trial court erred in permitting plaintiffs expert witness, Raymond Weiss, M.D., to express speculative opinions regarding Wayne Lambert’s life expectancy and hypothetical rate of cure from cancer. “IV. The trial court erred in overruling defendant’s motion for a directed verdict. “V. The trial court erred in granting plaintiffs motion for a directed verdict. “VT. The trial court erred in permitting Dr. Weiss to answer repeated leading and inflammatory questions during the course of his direct testimony. “VII. The trial court erred in permitting Dr. Weiss to express disparaging opinions regarding the nature and efficacy of the practice of homeopathy without any foundation or qualification therefor. “VIII. The trial court erred in refusing to permit defense counsel to inquire as to the rate of compensation paid by plaintiff to Dr. Weiss in connection with his testimony. “IX. The trial court erred in permitting Dr. Weiss, a non-treating physician, to summarize and comment on Wayne Lambert’s course of illness and treatment. “X. The trial court erred in withdrawing”

   1 later decision quote this exact passage · from the majority
   e.g. 84 Ohio App. 3d 266 - Lambert v. Shearer

2. ““In determining the amount of damages to be awarded, the jury or the court may consider all factors existing at the time of the decedent’s death that are relevant to a determination of the damages suffered by reason of the wrongful death * * *. “(B) Compensatory damages may be awarded in an action for wrongful death and may include damages for the following: « * * * “(3) Loss of society of the decedent, including loss of companionship, consortium, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, and education, suffered by the surviving spouse, minor children, parents, or next of kin. ii * * * “(5) The mental anguish incurred by the surviving spouse * *”

   1 later decision quote this exact passage · from the majority
   e.g. 87 Ohio App. 3d 145 - Ryne v. Garvey