101 N.C. App. 636 - Herndon v. Barrett’s Empirical Analysis
1991
Citation profile
55 state decisions
Relationships
Relies on Mitchell v. Forsyth · Pruitt v. Williams · 73 N.C. App. 44 - Wiggins v. City of Monroe · 52 N.C. App. 688 - Edwards v. Akion · 97 N.C. App. 527 - Corum v. University of North Carolina Ex Rel. Board of Governors
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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"A complaint should be dismissed for failure to state a claim where it is apparent that plaintiff ... is entitled to no relief under any statement of facts which could be proven, more specifically, when there is an absence of law to support the claim asserted, a want of facts sufficient to establish a good claim, or some defense which will necessarily defeat the claim." Brawley v. Brawley, 87 N.C.App. 545, 552 , 361 S.E.2d 759, 763 (1987), disc. rev. denied, 321 N.C. 471 , 364 S.E.2d 918 (1988).”
2 later decisions quote this exact passage“"Strictly speaking, the concept of negligence is composed of two elements: legal duty and a failure to exercise due care in the performance of that legal duty...." O'Connor v. Corbett Lumber Corp., 84 N.C.App. 178, 181 , 352 S.E.2d 267, 270 (1987).”
2 later decisions quote this exact passage“With respect to the City of Kings Mountain, its negligence, if any, was insured under Coverage B of the policy. The exclusions applicable would apply to claims for “bodily injury” or injury arising from “. . . assault or battery.” Plaintiff’s cause of action against the City of Kings Mountain is also based on negligent supervision. Contrary to defendants’ argument, plaintiff’s claim does not arise from assault or battery. With respect to the “bodily injury” exclusion, plaintiff’s claim is for money damages suffered as a result of defendant City’s negligent supervision of the two officers.”
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.