816 So. 2d 367 - Rawson v. Jones’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Miss. R. Civ. P. 56(c) provides, in pertinent part, that summary judgment is appropriate "if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." The motion for summary judgment is the functional equivalent of the motion for directed verdict made at the close of all the evidence, the difference being that the motion for summary judgment occurs at an earlier stage. In deciding the motion, the trial court should view all the evidence — pleadings, depositions, answers to interrogatories, admissions, and affidavits, if any — in the light most favorable to the non-moving party. If, when the evidence is viewed in this light, it is apparent that the moving party is entitled to judgment as a matter of law, the motion should be granted. If not, it should be denied. . . . In spite of this requirement of caution in granting summary judgment, this Court has held that the non-moving party must be diligent in opposing the motion for summary judgment. Moreover, in order for summary judgment to be inappropriate, there must be genuine issues of material fact; the existence of a hundred contested issues of fact will not thwart summary judgment where none of them is material. A fact issue is material if it tends to resolve any of the issues properly raised by the parties. We have addressed one particula”

   2 later decisions quote this exact passage
   e.g. WARREN EX REL. WARREN v. Glascoe · 987 So. 2d 443 - Spann v. Diaz

2. “Jones did have all of the facts she needed to institute legal proceedings against Dr. Rawson shortly after the death of the baby. In Bean v. Broussard, 587 So.2d 908 (Miss.1991), we stated that a medical expert is not necessary merely to institute legal proceedings. . . . Thus, while Jones may have preferred to have a medical expert prior to filing a lawsuit against Dr. Rawson, it was not necessary based on these particular facts. . . . The supposed fictitious party unknown to the plaintiffs was the only doctor known from day one. . . . The expert opinion added nothing new to her complaint. She already knew, or with reasonable diligence should have known, the identity of the parties who rendered medical services to her son. The only thing Jones lacked was the will to sue Dr. Rawson.[ [4] ]”

   1 later decision quote this exact passage
   e.g. 987 So. 2d 443 - Spann v. Diaz

3. “It is a principle of general application, though, that ignorance of the opposing party for fictitious party practice extends beyond mere lack of knowledge of the opposing party’s name. Even if the plaintiff knows the true name of the person, he is still ignorant of his name if he lacks knowledge of the facts giving him a cause of action against that person.”

   1 later decision quote this exact passage
   e.g. Price v. Clark