Westray v. Wright’s Empirical Analysis
2005
Citation profile
5 state decisions
Relationships
Relies on Bud Wolf Chevrolet, Inc. v. Robertson · Orkin Exterminating Co., Inc. v. Traina · Paragon Family Restaurant v. Bartolini · CLOUSE, ETC. v. Peden · Northern Indiana Public Service Co. v. Sharp
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The plaintiffs did not demonstrate, by clear and convincing evidence, either malice, fraud, gross negligence or oppressiveness on the part of the defendants, which was not resulting from a mistake of law or fact, honest error of judgment, or overzealousness. The plaintiffs did not provide clear and convincing evidence that the defendants' behavior involved conscious and intentional misconduct which, under the then existing conditions, the defendants knew would probably result in injury. Nor did plaintiffs provide clear and convincing evidence that the defendants acted with an awareness of impending danger and with heedless indifference of the consequences. [3]”
1 later decision quote this exact passage“the perverseness that public policy will permit the courts to punish [by awarding punitive damages] is conscious and intentional misconduct, which, under the existing conditions, the actor knows will probably result in injury.”
1 later decision quote this exact passage“Because punitive damages are imposed to deter and punish wrongful activity, they are quasi-criminal in nature and require a different showing than that required for an award of compensatory damages.”
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.