79 Wash. 2d 524 - Kain v. Logan’s Empirical Analysis

Citation profile

13 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. “Such testimony may be included as a part of factual material upon which the medical expert’s opinion claims to rest and though hearsay is allowed, it remains subject to most of the safeguards of nonhearsay evidence. Stated another way, the treating physician may testify as to what his patient told him about his history, condition and injuries, because the dangers of falsity and inaccuracy may be alleviated in the cross-examination of the doctor, or in the calling of the plaintiff himself as an adverse witness, or possibly by independent medical examination at the instance of the cross-examining party.”

   1 later decision quote this exact passage
   e.g. 15 Wash. App. 39 - Kennedy v. Monroe

2. “[r]emarks of counsel in argument claimed to be so prejudicial as to warrant a reversal... must be brought to the trial court's attention and a curative admonition or instruction requested.”

   1 later decision quote this exact passage
   e.g. Joyce v. State, Dept. of Corrections