8 So. 3d 57 - Dubose v. Lemoine’s Empirical Analysis
2009
Citation profile
2 state decisions
Relationships
Relies on 617 So. 2d 880 - Stobart v. State Through DOTD · 774 So. 2d 70 - Wainwright v. Fontenot · Gunn v. Robertson · Dugan ex rel. Dugan v. General Services Co. · 888 So. 2d 409 - Cenacle Retreat House v. Dubose
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.
“Although the defendant was at fault in causing this accident, no medical expert testified at trial to establish the causation of plaintiffs alleged new injuries. Since plaintiffs pre-existing neck and back soft tissue injuries already required extensive, recurring medical treatment up to the date of this accident, I found the plaintiffs further medical treatment following this low impact accident to be exaggerated and unrelated. Accordingly, the proof at trial did not establish aggravation of her pre-existing injuries by a preponderance of the evidence.”
1 later decision quote this exact passage“[A] verdict awarding medical expenses yet denying general damages is not per se invalid. While the courts of many states have ^acknowledged that such a verdict can be erroneous, they generally have rejected the factfinder’s determination as to damages only where the failure to award general damages is factually inconsistent with a reasonable reading of the record, giving due deference to the jury’s findings of fact.”
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.