722 So. 2d 490 - Smith v. Malouf’s Empirical Analysis

Citation profile

11 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[w]here there is something about the defendant's conduct that evokes outrage or revulsion, done intentionally—or even unintentionally yet the results being reasonably foreseeable—courts can in certain circumstances comfortably assess damages for mental and emotional distress even though there has been no physical injury. In such instances, it is the nature of the act itself—as opposed to the seriousness of the consequences— which gives impetus to legal redress.”

   2 later decisions quote this exact passage
   e.g. 955 So. 2d 284 - Franklin Collection Service, Inc. v. Kyle · 959 So. 2d 1044 - Jones v. Fluor Daniel Services Corp.

2. “If the conduct is not malicious, intentional, or outrageous, there must be some sort of demonstrative harm, and said harm must have been reasonably foreseeable by the defendant.”

   2 later decisions quote this exact passage
   e.g. 744 So. 2d 736 - Adams v. US Homecrafters, Inc. · 955 So. 2d 284 - Franklin Collection Service, Inc. v. Kyle

3. “[i]f there is outrageous conduct, no injury is required for recovery for intentional infliction of emotional distress or mental anguish,”

   1 later decision quote this exact passage
   e.g. 852 So. 2d 5 - Gamble v. Dollar General Corp.