Fye v. Kennedy’s Empirical Analysis

Citation profile

7 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “b. Benefits from collateral sources. Payments made or benefits conferred by other sources are known as collateral-source benefits. They do not have the effect of reducing the recovery against the defendant. The injured party’s net loss may have.been reduced correspondingly, and to the extent that the defendant is required to pay the total amount there may be a double compensation for a part of the plaintiffs injury. But it is the position of the law that a benefit that is directed to the injured party should not be shifted so as to become a windfall for the tortfeasor. If the plaintiff was himself responsible for the benefit, as by maintaining his own insurance or by making advantageous employment arrangements, the law allows him to keep it for himself. If the benefit was a gift to the plaintiff from a third party or established for him by law, he should not be deprived of the advantage that it confers. The law does not differentiate between the nature of the benefits, so long as they did not come from the defendant or a person acting for him. One way of stating this conclusion is to say that it is the tortfeasor’s responsibility to compensate for all harm that he causes, not confined to the net loss that the injured party receives. Compare § 924, Comment c (recovery for harm to earning capacity though plaintiff was on vacation), § 914A (recovery for damage to earning capacity ordinarily not reduced by amount of income tax that was not imposed).”

   1 later decision quote this exact passage
   e.g. Jean Dedmon v. Debbie Steelman

2. “In Tennessee, the focus has always been on the “reasonable” value of “necessary” services rendered. A plaintiff must prove that the services rendered were “necessary” to treat the injury or condition in question; and, even if the services were necessary, that the' charges in question were “reasonable.” The collateral source rule precludes a defendant from attempting to prove that a “reasonable” 'charge for a “necessary” service actually rendered, has been, or will be, paid by another — not the defendant or someone acting on his or her behalf— or has been forgiven, or that the service has been gratuitously rendered. However, a defendant is permitted to introduce relevant evidence regarding necessity, .reasonableness, and whether a. claimed service was actually rendered. - •”

   1 later decision quote this exact passage
   e.g. Jean Dedmon v. Debbie Steelman

3. “(1) A payment made by a tortfeasor or by a person acting for him to a person whom he has injured is credited against his tort liability, as are payments made by another who is, or believes he is, subject to the same tort liability. (2) Payments made to or benefits conferred on the injured party from other sources are not credited against the tortfeasor’s liability, although they cover all or a part of the harm for which the tortfeasor is liable. .”

   1 later decision quote this exact passage
   e.g. Jean Dedmon v. Debbie Steelman