Jordan v. Brown’s Empirical Analysis
2003
Citation profile
6 state decisions
Relationships
Relies on 110 So. 2d 669 - Cloud v. Fallis · 359 So. 2d 430 - Wackenhut Corp. v. Canty · 749 So. 2d 490 - Brown v. Estate of Stuckey · 384 So. 2d 145 - Baptist Memorial Hospital, Inc. v. Bell · 103 So. 2d 635 - Chomont v. Ward
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.
“Because there is no record basis to show that the evidence was “undisputed” that an injury occurred, and the trial court did not consider the credibility of the plaintiff in its assessment, we could find that the trial court abused its discretion, just as the courts did in Schmidt and Jordan . It is most likely the result we would prefer, as the trial court should defer to the jury on issues of the weight to be given to expert testimony. Nevertheless, [Stuckey ] teaches that the trial judge may grant a new trial although it is not “clear, obvious, and indisputable that the jury was wrong.” [Stuckey ] further explains the very limited authority of the appellate court in reviewing the broad discretion granted to the trial court, and we think reasonable persons could differ as to the propriety of the action by the trial court, particularly where the defense counsel in closing argument admitted that the accident caused at least some injury. We therefore must affirm the trial court’s order of a new trial.”
1 later decision quote this exact passage“In reviewing an order granting new trial we are dependent on the trial court to articulate reasons supporting its order. For the reasons explained above, we conclude that the trial court’s finding that there was no controversy over the fact that [the plaintiff] was permanently injured has no support in the record and is clearly erroneous. Further, because it is clear from the record that the issue of whether plaintiff was injured in the fall was highly controverted, the trial court’s finding that “[t]here was uncon-troverted testimony that plaintiff was injured” is similarly clearly erroneous. Accordingly, we find that the trial court abused its discretion under the Stuckey test.”
1 later decision quote this exact passage“[i]n reviewing an order granting new trial we are dependent on the trial court to articulate reasons supporting its order.”
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.