Clancy v. Goad’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Broadly stated, the person injured by the negligence of another is entitled to reasonable compensation. “Reasonable compensation” refers to an amount that would reasonably compensate the plaintiff for bodily injury and for pain and suffering. It also takes into account past, present, and future expenses reasonably necessary to the plaintiffs treatment and all financial losses suffered, or to be suffered, as a result of the inability to engage in his or her usual occupation. When reviewing a jury verdict containing a damage award claimed to be excessive or inadequate, we consider only the evidence that supports the award together with the reasonable inferences therefrom. If there is any evidence to support the amount of the award, even if it is conflicting, this court will not reverse. A jury determination of damages is entitled to great deference when challenged on appeal. This discretion is not limitless, however. We will set aside an award of compensatory damages as impermissi-bly excessive where it is apparent from a review of the evidence that the amount of damages is so great it cannot be explained upon any basis other than passion, partiality, prejudice, corruption, or some other improper element. To warrant reversal, the award must appear to be so outrageous as to impress the Court at first blush with its enormity. Still, the jury’s damage award will not be deemed the result of improper considerations if the size of the award can be explained on any reasonable ground. ”

   1 later decision quote this exact passage
   e.g. Foddrill v. Crane

2. “A personal injury award is not excessive where (1) the award was not based upon jury prejudice, partiality, or corruption, (2) the jury has not misunderstood or misapplied the evidence, (3) the award was not based upon consideration of an improper element such as liability insurance, and (4) the award was within the parameters of the evidence. Under such circumstances, we will not substitute our judgment for that of the jury as to reasonable compensation for a plaintiff.”

   1 later decision quote this exact passage
   e.g. Berman v. Cannon

3. “[W]hen the courts have been satisfied that the facts of a particular case are such that the alleged mental anguish was not likely speculative, exaggerated, fictitious, or unforeseeable, then the claimant has been allowed to proceed with an emotional distress claim for damages even though the physical impact seems to have been rather tenuous.”

   1 later decision quote this exact passage
   e.g. Indiana Patient's Compensation Fund v. Winkle