659 So. 2d 678 - Smith v. Darring’s Empirical Analysis
1995
Citation profile
10 state decisions
How this case has been cited
Cited by 10 later decisions — most recently August 2015
10 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Great American Insurance v. Railroad Furniture Salvage of Mobile, Inc. · 619 So. 2d 1320 - Senn v. Alabama Gas Corp. · 562 So. 2d 1337 - Brannon v. Webster · 551 So. 2d 1030 - Thompson v. Cooper · 489 So. 2d 583 - Lartigue v. Fleming
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The assessment of damages is essentially committed to the discretion of the jury. . . . Whether to grant or to deny a motion for new trial is vested within the sound discretion of the trial court, and this court will not reverse that decision on appeal without a showing of an abuse of discretion. Nevertheless, where liability is established, the jury's assessment of damages must include, at the least, an amount sufficient to compensate the plaintiff for his or her uncontradicted special damages, as well as a reasonable amount of compensation for pain and suffering. If the jury's damages award is inadequate, the trial court has a duty to grant a new trial. If a judgment is challenged on the ground of inadequate damages, this court must attempt to ascertain from the record whether the verdict gives substantial compensation for substantial injury."”
5 later decisions quote this exact passagee.g. Nix v. Key · Daniel v. Adkins“"(a) In all civil actions where damages for any medical or hospital expenses are claimed and are legally recoverable for personal injury or death, evidence that the plaintiff's medical or hospital expenses have been or will be paid or reimbursed shall be admissible as competent evidence. In such actions upon admission of evidence respecting reimbursement or payment of medical or hospital expenses, the plaintiff shall be entitled to introduce evidence of the cost of obtaining reimbursement or payment of medical or hospital expenses.”
2 later decisions 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.