Clark v. Hunter’s Empirical Analysis
2007
Citation profile
8 state decisions
How this case has been cited
Cited by 8 later decisions — most recently January 2014
8 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on United States Gypsum, Inc. v. Indiana Gas Co. · Chavis v. Patton · 146 Ind. App. 536 - Davoust v. Mitchell · Abbey Villas Development Corp. v. Site Contractors, Inc. · Clark's Pork Farms v. Sand Livestock Systems, Inc.
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““[T]he award of prejudgment interest is generally not a matter of discretion.” [Johnson v. Blankenship, 679 N.E.2d 505, 509 (Ind.Ct.App.1997) ]. However, as we stated in Harlan Sprague Dawley, Inc. v. S.E. Lab Group, 644 N.E.2d 615, 617 (Ind.Ct.App.1994), trans. denied: [Appellant] HSD asks that we review de novo the trial court’s award of prejudgment interest, based on language found in Indiana cases stating that “an award of prejudgment interest is generally not considered a matter of discretion.” However, in previous cases we have reviewed the award of prejudgment interest under the abuse of discretion standard. The cases cited by HSD hold that prejudgment interest is not a matter of discretion only after the trial court determines that the damages can be ascertained by mathematical computation. (Citations omitted.) In other words, “the award is proper where the trier of fact need not exercise its judgment to assess the amount of damages.” J.S. Sweet Co. v. White County Bridge Comm’n, 714 N.E.2d 219, 225 (Ind.Ct.App.1999). And as we have further clarified: We note that the crucial factor in determining whether damages in the form of prejudgment interest are allowable is whether the damages were ascertainable in accordance with fixed rules of evidence and accepted standards of valuation. An award of prejudgment interest is proper only where a simple mathematical computation is required. Damages that are the subject of a good faith dispute cannot allow for an award of prejud”
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.