Last week, we reviewed the year-by-year numbers for the Court’s tort law caseload. This week, we’re taking a closer look at the Court’s tort decisions to answer three questions: (1) did the Court hear more defendants’ wins or plaintiffs’ wins from the Court of Appeal on the tort caseload; (2) did the Court tend to reverse defendants’ or plaintiffs’ wins more often; and (3) notwithstanding the winner below, how often did the Court reverse in tort cases?
In fact, the Court’s tort law caseload was lopsidedly inclined towards plaintiffs’ wins below. For the entire period, only 41.58% of the Court’s tort cases were won by the defendant below. Of the defendants’ wins, the Court reversed only 49.37% of the time – a bit below the overall reversal rate. The Court affirmed defendants’ wins three times in 1992, twice in 1993, twice in 1995, once in 1997, five times in 1998, twice in 1999 and 2000, once in 2001, five times in 2002, twice in 2003 and 2004, once in 2005 and 2006, four times in 2007, once in 2008 and twice in 2009 and 2010. The Court affirmed zero defendants’ wins in 2012, 2013, 2015 and 2016, and one each in 2014 and 2017.
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