Long v. Mattingly’s Empirical Analysis

Citation profile

23 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Ajppellate courts customarily conduct a three-step review of a trial court’s adjustment of a jury’s damage award. First, we examine the reasons for the trial court’s action since adjustments are proper only when the court disagrees with the amount of the verdict. Burlison v. Rose, 701 S.W.2d [609] at 611 [ (Tenn.1985) ]. Second, we examine the amount of the suggested adjustment since adjustments that “totally destroy” the jury’s verdict are impermissible. Foster v. Amcon Int’l, Inc., 621 S.W.2d [142] at 148 [ (Tenn.1981) ]; Guess v. Maury, 726 S.W.2d 906, 913 (Tenn.Ct.App.1986). Third, we review the proof of damages to determine whether the evidence preponderates against the trial court’s adjustment. See Tenn.Code Ann. § 20-10-102(b).”

   2 later decisions quote this exact passage
   e.g. Palanki Ex Rel. Palanki v. Vanderbilt University · Mitch Goree v. United Parcel Service, Inc.

2. “This appeal involves an automobile accident in South Pittsburg. The driver whose automobile was struck from behind and her husband filed an action in the Circuit Court for Marion County against the driver of the second automobile and his employer. After the jury awarded $100,000 to the plaintiff-driver and $25,000 to her husband, the plaintiffs accepted remittiturs reducing the awards to $85,000 and $20,000 respectively. The defendants have appealed, insisting that they were entitled to a directed verdict, that the jury instructions were erroneous, and that evidence concerning the reasonableness of a portion of the medical expenses was inadmissible. We have determined that judgment should be affirmed but that the damage awards should be reduced further to $50,000 and $10,000 respectively. [[Image here]] If, after reviewing the record, we determine that the adjusted damage award is still excessive, we have the prerogative under Tenn.Code Ann. § 20-10-103(a) (Supp.1989) to reduce the damages further. Ellis v. White Freightliner Corp., 603 S.W.2d 125, 129 (Tenn.1980); Porter v. Green, 745 S.W.2d 874, 879 (Tenn.Ct.App.1987). We have reviewed the proof of the Longs’ damages in this case and have determined that the remitted awards are still excessive and are contrary to the preponderance of the evidence. [[Image here]] We agree with the trial court’s conclusion that awarding $100,000 to Mrs. Long and $25,000 to Mr. Long was excessive under these facts. However, we also find that t”

   1 later decision quote this exact passage
   e.g. Long v. Mattingly

3. “The rule for determining a motion for directed verdict requires the trial judge and the appellate courts to look to all of the evidence, take the strongest, legitimate view of the evidence in favor of the opponent of the motion and allow all reasonable inferences from it in his favor. The court must disregard all countervailing evidence and if there is then any dispute as to any material, determinative evidence or any doubt as to the conclusions to be drawn from the whole evidence, the motion must be denied.”

   1 later decision quote this exact passage
   e.g. Newcomb v. Kohler Co.