Johnson v. Wagner’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Sufficiency of the evidence is a question of law (i.e., whether it was of such `weight and quality' that the jurors could reasonably infer from it each element of the plaintiffs cause of action). That question is for the court to decide. "Alabama Code 1975, § 6-5-549, deals with sufficiency of the evidence in medical malpractice cases. The standard of proof required is `substantial evidence.' In addition to this, the legislature provided that in medical malpractice cases, `the plaintiff shall have the burden of proving by substantial evidence that the health care provider failed to exercise such reasonable care, skill and diligence as other similarly situated health care providers in the same general line of practice, ordinarily have and exercise in a like case.' Ala.Code 1975, § 6-5-548(a). "`Substantial evidence' is separately defined for medical malpractice cases as `that character of admissible evidence which would convince an unprejudiced thinking mind of the truth of the fact to which the evidence is directed.' Ala. Code 1975, § 6-5-542(5)."”

   1 later decision quote this exact passage
   e.g. Cackowski v. Wal-Mart Stores, Inc.