Gross v. Lyons’s Empirical Analysis
1998
Citation profile
18 state decisions
How this case has been cited
Cited by 18 later decisions — most recently October 2018
18 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 Pang v. Minch · 571 So. 2d 422 - Goldschmidt v. Holman · Montalvo v. Lapez · C. F. Hamblen, Inc. v. Owens · 614 So. 2d 495 - Easkold v. Rhodes
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.
“`jury might reasonably have been misled.”
2 later decisions quote this exact passage“[Respondent]'s lawsuit arises from a [July 1992] rear-end collision that she claims resulted in multiple injuries, including an injury to her back. Three months later [respondent] was involved in a second automobile accident. [Respondent] claimed that she did not suffer any additional injuries as a result of this second accident and that her damages resulted from the first accident. When [respondent]'s condition did not improve, [respondent]'s treating orthopedic surgeon performed a fusion on her lower lumbar spine. [The operation and subsequent therapy occurred after the second accident.] [Petitioner] admitted liability for causing the first accident, but denied being the legal cause of [respondent]'s damages. [Petitioner] claimed that any of [respondent]'s medical problems, including her back surgery, resulted from a preexisting back condition [a Pars defect] or alternatively from the second accident.”
1 later decision quote this exact passage“if the injuries could not be apportioned between the two accidents, the tortfeasor causing the first accident could be held responsible for the entire condition if plaintiff has made all reasonable efforts to apportion the injuries. Because the jury instruction was an incomplete statement of the law concerning subsequent accidents, the jury might reasonably have been confused and misled as to what to do if they determined a combination of both accidents caused [respondent]'s condition but that the damages could not be separated. In conjunction with the complete instruction given on aggravation of a preexisting condition, this incomplete instruction might have also improperly led the jury to believe that if the damages could not be apportioned, the first tortfeasor would not be responsible for the damages.”
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.