Witter v. Nesbit’s Empirical Analysis
1993
Citation profile
13 state decisions
How this case has been cited
Cited by 14 later decisions — most recently December 2017
13 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 McIntyre v. Balentine · Glover v. Tennessee Farmers Mutual Insurance Co. · Arnold v. Walton · Cumberland Telephone & Telegraph Co. v. Smithwick · Patterson v. Rockwell International
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It seems clear to this Court that by allowing the uninsured motorist carrier to defend the tort action on behalf of the insured or in its own name, the legislature intended to prevent a situation in which the uninsured motorist carrier would be bound by a default judgment against an uninsured motorist who may have no interest in defending the case.... The uninsured motorist carrier has the right to defend the tort action, and the defense must necessarily be on behalf of the uninsured motorist .... T.C.A. § 56-7-1206 provides the procedure by which uninsured motorist coverage protects an insured party and also establishes a safeguard for the insurer against the whim of the uninsured motorist.”
2 later decisions quote this exact passage“In this case, only the plaintiff and the defendant testified concerning the facts of the accident. The Court of Appeals does not reweigh the evidence or reevaluate witness’ credibility in an appeal from a jury verdict. Grissom v. Metropolitan Gov’t of Nashville, 817 S.W.2d 679 (Tenn.App.1991). This Court on appeal is required to take the strongest legitimate view of the evidence favoring the prevailing party, discard all contrary evidence, allow all reasonable inferences to uphold the jury’s verdict and set aside the jury verdict only when there is no material evidence to support it. T.R.A.P. 13(d). Smith County v. Eartherly, 820 S.W.2d 366 (Tenn.App.1991), cert. denied, 503 U.S. 1005 , 112 S.Ct. 1762 , 118 L.Ed.2d 424 (1992); Glover v. Oakwood Terrace Associated II, 816 S.W.2d 43 (Tenn.App.1991).”
1 later decision quote this exact passage“Nothing in this subsection shall prevent such owner or operator from employing counsel of his own choice and taking any action in his own interest in connection with such proceeding.”) We also observed in Karl that "if the uninsured carrier is acting in bad faith in its defense of the tortfeasor, the tortfeasor's attorney may seek to control the defense.”
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.