104 N.C. App. 760 - Badgett v. Davis’s Empirical Analysis
1991
Citation profile
16 state decisions
How this case has been cited
Cited by 16 later decisions — most recently December 2018
16 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 Cates v. Wilson · Duke Power Co. v. Winebarger · Young v. Baltimore and Ohio Railroad Company · In the Matter of Paul · 16 N.C. App. 322 - McNeil v. Williams
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he purpose of the collateral source rule is to exclude evidence of payments made to the plaintiff by sources other than the defendant when this evidence is offered for the purpose of diminishing the defendant tortfeasor's liability to the injured plaintiff.”
4 later decisions quote this exact passage“evidence of a plaintiffs receipt of benefits for his or her injury or disability from sources collateral to [the] defendant generally is not admissible. These benefits include payments from both public and private sources. This rule gives force to the public policy which prohibits a tortfea-sor from reducing [its] own liability for damages by the amount of compensation the injured party receives from án independent source. Evidence of collateral source payments violate the rule whether admitted in the defendant’s case-in-chief or on cross [-] examination of the plaintiff’s witness. The erroneous admission of collateral source evidence often must result in a new trial.”
1 later decision quote this exact passagee.g. Nicholson v. Thom“[a] tort-feasor should not be permitted to reduce his own liability for damages by the amount of compensation the injured party receives from an independent source.”
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.