Kocher v. Getz’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “1. That the Plaintiff failed to properly mitigate her damages. ~ The Plaintiff has a duty to minimize her damages by following the expert recommendations of her physicians. In other words, a person who has suffered injury by reason of a defendant's negligence is bound to use reasonable and proper effort to make the damages as small as practicable, and to act in good faith to adopt reasonable methods and follow reasonable programs of medical care or treatment to restore herself. The Defendant must prove the Plaintiff has unreasonably failed to mitigate her damages by a preponderance of the evidence. If you find from a preponderance of the evidence that the Plaintiff ... failed to make a reasonable effort to minimize her damages, then such conduct would constitute fault to be assessed against the Plaintiff.”

   1 later decision quote this exact passage
   e.g. Wilkinson v. Swafford

2. “In assessing percentage of fault, the jury shall consider the fault of all persons who caused or contributed to cause the alleged injury, death, or damage to property....”

   1 later decision quote this exact passage
   e.g. Kocher v. Getz

3. “failure to mitigate her damages should reduce or preclude [her] recovery of damages.”

   1 later decision quote this exact passage
   e.g. Kocher v. Getz