Downs v. Goodwin’s Empirical Analysis
2002
Citation profile
2 state decisions
Relationships
Relies on Stinson v. Acme Propane Gas Co. · Jackson v. Roddy · 551 So. 2d 1030 - Thompson v. Cooper · 395 So. 2d 1005 - Sunnyland Foods, Inc. v. Catrett · Greenberg v. Alabama State Tenure Commission
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.
“"`The Alabama Supreme Court has repeatedly held that where a jury in a negligence action returns a verdict for the plaintiff but awards no damages such a verdict is inconsistent on its face as a matter of law. Thompson v. Cooper , 551 So.2d 1030 (Ala. 1989) (emphasis added). See also Clements v. Lanley Heat Processing Equipment , 548 So.2d 1345 (Ala. 1989); Moore v. Clark , 548 So.2d 1352 (Ala. 1989); Stinson v. Acme Propane Co. , 391 So.2d 659 (Ala. 1980); 15A Ala. Digest, New Trial , Key No. 60 (1959). Without exception, these cases have pertained to juries which find the defendant negligent without awarding any damages to the plaintiff. Such verdicts are inherently inconsistent because they seek to establish negligence even while rejecting an essential element of the negligence claim. "`No such inconsistency has been found in cases where the plaintiff has been awarded some amount of damages, however small; rather, the issue in these cases has been the inadequacy of the award in light of actual damages proven. See Benson v. Vick , 460 So.2d 1309 (Ala.Civ.App. 1984) (award of $1.00 held inadequate compensation for actual damages); Jackson v. Roddy , 224 Ala. 132 , 139 So. 354 (1932) (damages award of one cent held inadequate); 7A Ala. Digest, Damages , Key No. 130(4) (1955). It is thus the absence of damages, not the deficiency thereof, which renders the entire verdict inconsistent.' " Denton v. Foley Athletic Club , 578 So.2d 1317 , 1318-19 (Ala.Civ.App. 1990)."”
1 later decision quote this exact passagee.g. Daniel v. Passmore“"[t]he remedy for an inconsistent jury verdict is quite clear: "`It is well settled that, in Alabama, when a jury's verdict is inconsistent it *Page 1081 should be set aside and a new trial granted. To find in favor of a plaintiff and then to award no damages is inconsistent as a matter of law. For the trial court not to afford a plaintiff a new trial when faced with an inconsistent verdict is reversible error."”
1 later decision quote this exact passagee.g. Daniel v. Passmore
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.