Craft v. Hetherly’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Here, both parties’ medical experts agreed that [appellant] sustained some injury as a result of the accident. Therefore, the jury was not permitted to disregard the uncontroverted evidence of causation and find [appellee’s] negligence was not a substantial factor in causing at least some injury to Appel-lee. Had the jury found the accident caused some injury to [appellant], but declined to award damages because the jury concluded the injury was so minor as to be noncompensable, we would not have disturbed their verdict. However, the jury’s verdict that [appellant] was not “injured” in the accident goes against the weight of the competent evidenced adduced by both parties’ medical experts at trial.”

   2 later decisions quote this exact passage
   e.g. 1999 Pa. Super. 10 - Hixson v. Barlow · 2003 Pa. Super. 105 - Lemmon v. Ernst

2. ““In Craft , the plaintiff and defendant were involved in a motor vehicle accident. At trial, both parties presented expert medical testimony regarding the nature of plaintiff’s injuries. The medical experts testified that plaintiff was injured as a result of the accident and differed only with regard to the severity and duration of the injuries. In response to interrogatories, the jury found the defendant was negligent in causing the accident, but found that the negligence was not a substantial factor in causing plaintiff’s injuries. On appeal, [the Superior Court] affirmed the trial court’s grant of a new trial based upon its finding the verdict was against the weight of the evidence.” See Kruczkowska at 629 .”

   1 later decision quote this exact passage
   e.g. 63 Pa. D. & C.4th 177 - Santiago v. Bishop

3. “The synthesis of these opinions is that where a defendant concedes liability and his or her expert concedes injury resulting from the accident that would reasonably be expected to cause compensable pain and suffering, the jury’s verdict is against the weight of the evidence where it finds for the defendant.”

   1 later decision quote this exact passage
   e.g. 2003 Pa. Super. 153 - Peterson v. Shreiner