103 N.C. App. 407 - Diorio v. Penny’s Empirical Analysis
1991
Citation profile
25 state decisions
How this case has been cited
Cited by 25 later decisions — most recently December 2017 · most notably 175 N.C. App. 474 - Purvis v. Moses H. Cone Memorial Hospital Service Corp. (2006), DiOrio v. Penny (1992)
25 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 Collingwood v. GEN. ELEC. R. EST. EQUIT. · Smith v. Fiber Controls Corp. · 38 N.C. App. 50 - Ballenger v. Crowell · B. BOGLE v. Duke Power Company · 47 N.C. App. 655 - Gregory v. Perdue, 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the trial court will grant summary judgment . . . where the evidence is uncontroverted that a party failed to use ordinary care and that want of ordinary care was at least one of the proximate causes of the injury.”
5 later decisions quote this exact passage“if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that [the] party is entitled to a judgment as a matter of law.”
2 later decisions quote this exact passage“A plaintiff who knowingly exposes herself to a risk of which she has had long-term prior notice, has a reasonable choice or option to seek to avoid that danger and fails to exercise that option, is contributorily negligent as a matter of law.”
1 later decision quote this exact passagee.g. Proffitt v. Gosnell
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.