Jordan Ex Rel. Shealey v. Masters’s Empirical Analysis
2002
Citation profile
12 state decisions
Relationships
Relies on 766 So. 2d 1010 - Murphy v. International Robotic Systems, Inc. · Public Health Trust of Dade Cty. v. Valcin · 814 So. 2d 370 - Doe v. Evans · 718 So. 2d 286 - Doe v. Evans · Southern Pine Co. v. Powell
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.
“It is important to note that an adverse inference from the failure to produce evidence is different than the Valcin rebuttable presumption. If the actions of the opposing party cause evidence to be lost that is necessary to prove a prima facie case, the Valcin presumption shifts the burden of proof to ensure that a jury decides the issue of negligence. In essence, the Valcin presumption supplies an essential element of the case negligence and shifts to the defendant the burden of proving that he or she was not negligent. The adverse inference merely allows counsel to argue to the jury the inference that the evidence was lost because it was damaging to the opposing party's case. The jury may accept or reject the inference as it sees fit.”
1 later decision quote this exact passage“A presumption differs from an inference. An inference is a logical deduction of fact that the trier of fact draws from existence of another fact or group of facts. Whether the inferred fact is found to exist will be decided by the trier of fact. A presumption is stronger; it compels the trier of fact to find the presumed fact if it finds certain basic facts to be present. Even if a court finds that a presumption is not present in a particular situation, an inference of the same fact can be drawn if it is supported logically by the evidence.”
1 later decision quote this exact passage“Included within the section 90.401 definition of relevancy is the concept of materiality; the evidence must tend to prove or disprove a material fact. When evidence is offered to prove a fact which is not a matter in issue, it is said to be immaterial.”
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.